remorse Archives - GilesFiles

Operational necessity justification: Trust relationship eroded

by GilesFiles | Aug 13, 2025 | 2020 onwards, AB1 - Fairness principle or concept, Awards -s145 see also Sidumo, Causes and defences, Conduct - gross, Contractual breach, Courts, Declaratory, Granted, Insights, Interpretation etc, Intolerable, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, LRA 08a: 185-197B Dismissal, LRA 1995, Managerial prerogative, Mining, Orders, Parties, Private enterprises, Protect not punish, Resolving disputes (LRL 3), Review tests, Risks, Sectors, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics, Trust & confidence | 0 |

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Destroying trust relationship: Grossly negligent conduct

by GilesFiles | Apr 7, 2025 | 2020 onwards, Awards -s145 see also Sidumo, Banks, Causes and defences, Conduct - gross, Conduct unbecoming, Contractual breach, Costs, Courts, Declaratory, Evidence & onus, Finance, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, LRA 08a: 185-197B Dismissal, LRA 1995, Orders, Parties, Performance, Personal services, Private enterprises, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sean Snyman, Sectors, Selected judges, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics, Trust & confidence | 0 |

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Fictitious consignment transactions: Inconsistent disciplinary action?

by GilesFiles | Jan 26, 2024 | 2020 onwards, Awards -s145 see also Sidumo, Causes and defences, Central, Conduct - gross, Conduct & capacity, Consistency element, Contractual breach, Courts, Government, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, LRA 08a: 185-197B Dismissal, LRA 1995, MTM Phehane, Orders, Parties, Review tests, Sectors, Sidumo - see also awards s 145, State organs, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics | 0 |

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Trust relationship destroyed: Gross insubordination

by GilesFiles | Oct 31, 2022 | 2020 onwards, Allowed, Appeals, Appeals - leave, Awards -s145 see also Sidumo, Causes and defences, Conduct - gross, Conduct & capacity, Contractual breach, Costs, Costs awarded, Costs not awarded, Courts, Declaratory, F Kathree-Setiloane, Insights, Insubordination and defiance, Judges, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, LRA 07: 112-184 Dispute, LRA 08a: 185-197B Dismissal, LRA 1995, Management, Orders, Parties, Private enterprises, Review tests, Risks, Rules Codes & Manual, Sectors, Sidumo - see also awards s 145, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics, Trade, Trust & confidence | 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,...

Assaulting learner considered: Dismissal valid & fair

by GilesFiles | Jan 12, 2022 | 2020 onwards, Allowed, Appeals, Appeals - leave, Awards -s145 see also Sidumo, Bill of Rights, Causes and defences, Conduct - gross, Costs, Costs not awarded, Courts, Declaratory, Evidence & onus, Government, Judges, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, Legislation, LRA 07: 112-184 Dispute, LRA 08a: 185-197B Dismissal, LRA 1995, Orders, Parties, Provincial, Review tests, Rules Codes & Manual, Sectors, Sidumo - see also awards s 145, State organs, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics, Trust & confidence | 0 |

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Ongoing employment relationship: Trust and confidence

by GilesFiles | Jun 13, 2019 | 2019, Conduct & capacity, Courts, Insubordination and defiance, Judges, Kate Savage, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, LRA 07: 112-184 Dispute, LRA 08a: 185-197B Dismissal, LRA 1995, Risks, Sectors, Statutes (LRL 2)-work, Substance, Termination (LRL 8), Topics, Trust & confidence, Warnings | 0 |

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Unauthorised vehicle use: Honesty trust remorse

by GilesFiles | Nov 8, 2018 | 2018, Conduct - gross, Conduct & capacity, Courts, Judges, Labour Court, Labour Court judges, Labour Relations, Logistics, MPN Nkutha-Nkontwana, Risks, Sectors, Sidumo - see also awards s 145, Substance, Termination (LRL 8), Topics, Trust & confidence | 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,...

Fairness factors evaluated: Remorse with long service

by GilesFiles | Feb 12, 2018 | Causes and defences, CCMA awards, Contractual breach, Courts, Evidence & onus, Labour Relations, Parties, Personal Information, Review tests, Sectors, Sidumo - see also awards s 145, Termination (LRL 8), Topics, Trust & confidence, Universities and schools | 0 |

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Dismissal: Rehabilitation begins with remorse

by GilesFiles | Jul 16, 2014 | 2014 and earlier, Conduct & capacity, Courts, Judges, Labour Appeal Court, Protect not punish, Risks, Substance, Termination (LRL 8), Trust & confidence | 0 |

“Acknowledgement of wrongdoing is the first step towards rehabilitation. In the absence of a recommitment to the employer’s workplace values, an employee cannot hope to re-establish the trust which he himself has broken. ...

Risk management not punishment: Not moral outrage

by GilesFiles | Mar 3, 2000 | 2014 and earlier, 2015 and earlier, AB - Law generally, AB1 - Fairness principle or concept, Conduct & capacity, Courts, Insights, Judges, Labour Appeal Court, LAC judges, Landmark judgments, Protect not punish, Retired judges, Risks, Termination (LRL 8), Trust & confidence | 0 |

De Beers Consolidated Mines v CCMA (JA68/99) [2000] ZALAC 10; [2000] 9 BLLR 995; (2000) ILJ 1051 (LAC) (3 March 2000) per Conradie JA [Zondo AJP dissenting and Willis JA concurring on different grounds] The Labour Appeal Court...

Tag: remorse