Referral for conciliation Archives

Reviewing jurisdictional issues: Award set aside

by GilesFiles | Mar 4, 2024 | 2020 onwards, Causes and defences, Courts, Declaratory, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, LRA 08a: 185-197B Dismissal, LRA 08a: 189 and 189A see Termination, LRA 1995, Objective - correctness, Operational reasons, Orders, Parties, Personal services, Private enterprises, Review tests, Rules Codes & Manual, Sean Snyman, Sectors, Selected judges, 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,...

Maximum compensation awarded: Protected disclosure dismissal

by GilesFiles | Oct 18, 2023 | 2020 onwards, Appeals, Appeals - leave, AUD, Awards -s145 see also Sidumo, BCEA 77(3) & 77A(e), Causes and defences, Central, Compensation or damages, Courts, Declaratory, Disallowed, Government, Interpretation etc, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, Legislation, LRA 08a: 185-197B Dismissal, LRA 1995, Orders, P Coppin, Parties, Review tests, Sectors, Selected judges, State organs, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics, Transport & communication | 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,...

Irregular improper process: Jurisdiction lacking

by GilesFiles | May 31, 2023 | 2020 onwards, Applications, Causes and defences, Connie Prinsloo, Costs, Courts, Declaratory, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, LRA 08a: 189 and 189A see Termination, LRA 1995, Operational reasons, Orders, Parties, Sectors, State Owned Enterprises, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics, Transport & communication | 0 |

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Positive drug tests: Dismissal and discrimination claims

by GilesFiles | Jun 1, 2022 | 2020 onwards, Applications, Bill of Rights, Causes and defences, Conduct & capacity, Costs, Costs not awarded, Courts, Declaratory, Dignity equality freedom, Discrimination (LRL 11), EEA 1998, EEA Chpt II ss 5-11, Employ Equity (LRL 12), Evidence & onus, Illness & injury, Insights, Interpretation etc, Judges, Labour Court, Labour Court judges, Labour Relations, Lawfulness & fairness, Legal Practice, Legislation, Logistics, LRA 07: 112-184 Dispute, LRA 08a: 185-197B Dismissal, LRA 1995, Management, Manufacturing, Orders, Parties, Performance, Policies - all, Private enterprises, Risks, Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics, Trust & confidence, Zero tolerance | 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,...

Adjudicating before conciliation: Exception to general rule?

by GilesFiles | May 6, 2022 | 2020 onwards, 64 Strikes/lockouts, 64-77 Strikes, Applications, BCEA 1997 (LRL 10), Causes and defences, Condonation, Costs, Costs not awarded, Courts, Declaratory, Exceptions/special pleas, Granted, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Logistics, LRA 07: 112-184 Dispute, LRA 08a: 185-197B Dismissal, LRA 1995, Manufacturing, Operational reasons, Orders, Parties, Private enterprises, Rules Codes & Manual, Sectors, Special pleas, 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,...

Signing referral form: Rejected literalist approach

by GilesFiles | May 18, 2020 | 2020 onwards, Appeals, Bargaining councils, Courts, Judges, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, Logistics, LRA 07: 112-184 Dispute, LRA 1995, Parties, Review tests, Roland Sutherland, Sectors, Statutes (LRL 2)-work, Topics, Transport & communication | 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,...

Conciliation process avoided: Abusive nature

by GilesFiles | Jul 9, 2019 | 2019, Agriculture, Bill of Rights, Causes and defences, Courts, Edwin Tlhotlhalemaje, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Sectors, Statutes (LRL 2)-work, Topics | 0 |

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Adjudication referral considered: 90 days examined

by GilesFiles | Feb 19, 2019 | 2019, André van Niekerk, Courts, Exceptions/special pleas, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, LRA 07: 112-184 Dispute, LRA 08a: 185-197B Dismissal, LRA 1995, Orders, Special pleas, Statutes (LRL 2)-work, 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,...

Referral to conciliation: Essential first procedural step

by GilesFiles | Sep 28, 2018 | 2018, Condonation, Courts, Judges, Labour Court, Labour Court judges, Labour Relations, LRA 07: 112-184 Dispute, LRA 1995, MPN Nkutha-Nkontwana, Statutes (LRL 2)-work, 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,...

Disregarding time limits: Jurisdictional issues considered

by GilesFiles | Sep 25, 2018 | 2018, Appeals, Appeals - leave, B Waglay, Conduct & capacity, Costs, Costs not awarded, Courts, Declaratory, Disallowed, Exceptions/special pleas, Interpretation etc, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, Logistics, LRA 07: 112-184 Dispute, LRA 08a: 185-197B Dismissal, LRA 1995, Objective - correctness, Orders, Parties, Private enterprises, Review tests, Sectors, Special pleas, Statutes (LRL 2)-work, Termination (LRL 8), Topics, Trade unions | 0 |

Satawu v MSC Depots Disregarding time limits considered by the LAC and confirmed that neither the CCMA or any bargaining council has the power, authority or jurisdiction to amend, alter, condone or set aside time limits relating...

Jurisdictional ruling approach: Adopt right or wrong test

by GilesFiles | Sep 7, 2018 | 2018, Applications, Bargaining councils, Courts, Labour Court, Labour Relations, LC Rules-old, Legal Practice, Logistics, LRA 07: 112-184 Dispute, LRA 1995, Objective - correctness, Parties, Review tests, Rules Codes & Manual, Sean Snyman, Sectors, Statutes (LRL 2)-work, 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,...

DCJ’s lone harsh dissenting judgment

by GilesFiles | Feb 27, 2018 | 2018, ConCourt judges, Constitutional Court, Constructive: 186(1)(e), Courts, General, Judges, Jurisdiction & powers, Labour Relations, LRA 08a: 185-197B Dismissal, LRA 1995, RMM Zondo, Statutes (LRL 2)-work, Termination (LRL 8), Topics | 0 |

 Essence In his lone harsh dissenting judgment the DCJ suggests that new law has been made if the basis of the majority judgment’s conclusion is that the Labour Court had jurisdiction because the constructive dismissal dispute...

Tag: Referral for conciliation