Practical Archives - GilesFiles

Reinstatement primary remedy: Reasonably practicable?

by GilesFiles | May 12, 2022 | 2020 onwards, Allowed, Appeals, Appeals - leave, Causes and defences, Central, Common law, Costs, Costs not awarded, Courts, Evidence & onus, Exceptions/special pleas, Government, Interpretation etc, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, Legislation, LRA 07: 112-184 Dispute, LRA 08a: 185-197B Dismissal, LRA 193, LRA 1995, Orders, P Coppin, Parties, Reinstatement, Review tests, Rules Codes & Manual, Sectors, Special pleas, State organs, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics | 0 |

For subscribers only Whilst some judgment summaries are available to all, this judgment summary is reserved for subscribers only. If you are already a subscriber, you can login to see this judgment summary. If you cannot login,...

Applying employment law: Two schools of thought

by GilesFiles | Oct 17, 2020 | AA - Resources generally, Causes and defences, Contractual breach, General, Insights, Labour Relations, LRA 07: 112-184 Dispute, Roman Dutch law, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics | 0 |

Watching the Senate debates in the USA concerning the appointment of a member of the highest court to replace the recently deceased associate judge it became noticeably clear that there are two distinct schools of thought...

Adjudication before arbitration: Incomplete proceedings?

by GilesFiles | Apr 2, 2020 | 2020 onwards, Appeals, Appeals - leave, Causes and defences, Common law, Construction industry, Contractual breach, Costs, Costs punitive, Courts, Disallowed, Exceptions/special pleas, Interpretation etc, Irregular proceeding, Judges, Legal Practice, Orders, Parties, Private arbitration, Private enterprises, Review tests, SCA judges, Sectors, Special pleas, Supreme Court of Appeal, Terms & conditions, Topics | 0 |

Ekurhuleni West College v Segal (Trencon Construction) Adjudication before arbitration is a speedy method of resolving disputes in the building and construction industry and what was formally known as ‘mediation’ is...

Impractical reinstatement considered: Compensation increased

by GilesFiles | Jun 13, 2019 | 2019, Awards -s145 see also Sidumo, B Waglay, Compensation or damages, Costs, Courts, Judges, Just and equitable relief, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, Logistics, LRA 07: 112-184 Dispute, LRA 193, LRA 194, LRA 1995, Recusal, Review tests, Sectors, Statutes (LRL 2)-work, Termination (LRL 8), Topics | 0 |

For subscribers only Whilst some judgment summaries are available to all, this judgment summary is reserved for subscribers only. If you are already a subscriber, you can login to see this judgment summary. If you cannot login,...

Reinstatement: Not reasonably practicable

by GilesFiles | Jun 12, 2015 | 2015, Awards -s145 see also Sidumo, Labour Court, Review tests, Words & phrases | 1 |

Sibiya v CCMA (FNB) (D737/13) [2015] ZALCD 37 (12 June 2015) per Cele J. Summary: Review application to correct a portion of the arbitration award to substitute the relief of compensation with an order of re-instatement –...

Reinstatement appropriate remedy: Unfair dismissal

by GilesFiles | Jun 12, 2014 | 2014 and earlier, Appeals, Conduct & capacity, Courts, Intolerable, Judges, Labour Appeal Court, Labour Relations, LAC judges, Lawfulness & fairness, Legal Practice, Legislation, LRA 07: 112-184 Dispute, LRA 08a: 185-197B Dismissal, LRA 1995, MB Molemela, Orders, Review tests, Statutes (LRL 2)-work, Termination (LRL 8), Topics, Words & phrases | 1 |

Potgieter v Tubaste Ferrochrome (JA71/12) [2014] ZALAC 32 (2014) 35 ILJ 2419 (LAC) (12 June 2014) per Molemela AJA [Tlaletsi DJP and Sutherland AJA concurring] Upheld appeal against judgment of Louw AJ dated 10 November 2011...

Tag: Practical

Reinstatement primary remedy: Reasonably practicable?

Applying employment law: Two schools of thought

Adjudication before arbitration: Incomplete proceedings?

Impractical reinstatement considered: Compensation increased

Reinstatement: Not reasonably practicable

Reinstatement appropriate remedy: Unfair dismissal