selection criteria Archives

Selection criteria considered: Agreement not required?

by GilesFiles | Jan 28, 2026 | 2020 onwards, Applications, Balancing interests, Causes and defences, Costs, Costs not awarded, Courts, Declaratory, Evidence & onus, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Lawfulness & fairness, Legal Practice, Legislation, Logistics, LRA 08a: 189 and 189A see Termination, LRA 09: 198-213 General, LRA 1995, Minute: pre-trial or arb, MR Makhura, Operational reasons, Orders, Parties, Private enterprises, Resolving disputes (LRL 3), Rules Codes & Manual, Sectors, 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,...

Commercial rationale for outsourcing: Full compensation awarded

by GilesFiles | Dec 29, 2025 | 2020 onwards, Appeals, Appeals - leave, Awards -s145 see also Sidumo, Balancing interests, Causes and defences, Compensation or damages, Contractual breach, Costs, Costs not awarded, Courts, Declaratory, Inherent requirements, Interpretation etc, Judges, Jurisdiction & powers, Just and equitable relief, Labour Appeal Court, Labour Relations, LAC judges, Lawfulness & fairness, Legal Practice, Legislation, LRA 08a: 189 and 189A see Termination, LRA 193, LRA 194, LRA 197 - transfers, LRA 1995, Manufacturing, Operational reasons, Orders, Parties, Private enterprises, Resolving disputes (LRL 3), Restructuring, Review tests, Rules Codes & Manual, Sectors, 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,...

Reinstatement practically impossible: Compensation awarded

by GilesFiles | Nov 26, 2025 | 2020 onwards, Allowed, Appeals, Appeals - leave, Balancing interests, Causes and defences, Compensation or damages, Construction industry, Contractual breach, Costs not awarded, Courts, Declaratory, Interpretation etc, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, Lawfulness & fairness, Legal Practice, Legislation, Logistics, LRA 08a: 189 and 189A see Termination, LRA 193, LRA 194, LRA 1995, Minute: pre-trial or arb, MPN Nkutha-Nkontwana, Operational reasons, Orders, Parties, Private enterprises, Reinstatement, Resolving disputes (LRL 3), Review tests, Sectors, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics | 0 |

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Irrational operational reasons: Retrospective reinstatement

by GilesFiles | Jul 10, 2025 | 2020 onwards, Appeals, B Waglay, Causes and defences, Courts, Declaratory, Disallowed, Interpretation etc, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, Lawfulness & fairness, Legal Practice, Legislation, Logistics, LRA 08a: 189 and 189A see Termination, LRA 1995, Objective - correctness, Operational reasons, Orders, Parties, Private enterprises, Resolving disputes (LRL 3), Restructuring, Review tests, Sectors, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics, Unlawful and void | 0 |

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Pre-retrenchment process: Selection criteria examined

by GilesFiles | Aug 29, 2024 | 2020 onwards, Appeals, Appeals - leave, Awards -s145 see also Sidumo, Causes and defences, Courts, Declaratory, Disallowed, Evidence & onus, Interpretation etc, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, Legislation, Logistics, LRA 08a: 189 and 189A see Termination, LRA 1995, Operational reasons, Orders, Parties, Private enterprises, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, Sidumo - see also awards s 145, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics | 0 |

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Substantially fair terminations: Bumping and selection criteria

by GilesFiles | May 27, 2024 | 2020 onwards, 64 Lockout, André van Niekerk, Appeals, Appeals - leave, Bumping, Causes and defences, Courts, Declaratory, Disallowed, Interpretation etc, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, Legislation, LRA 04: 64-69 Power plays (LRL 6), LRA 08a: 185-197B Dismissal, LRA 08a: 189 and 189A see Termination, LRA 1995, Manufacturing, Operational reasons, Orders, Parties, Private enterprises, Restructuring, Rules Codes & Manual, Sectors, Selected judges, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics, Trade | 0 |

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Applying LRA 198A(18): Majority judgment

by GilesFiles | May 21, 2024 | 2020 onwards, Appeals, Appeals - leave, Causes and defences, Compensation or damages, ConCourt judges, Constitutional Court, Costs, Courts, Declaratory, Fair procedure, Interpretation etc, Judges, Jurisdiction & powers, Labour Relations, Lawfulness & fairness, Legal Practice, Legislation, Logistics, LRA 08a: 189 and 189A see Termination, LRA 193, LRA 1995, Operational reasons, Orders, Parties, Personal services, Private enterprises, Restructuring, RMM Zondo, Rules Codes & Manual, Sectors, Selected judges, Severance pay, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics | 0 |

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Restructuring and selection criteria: LRA s 189A(13) & (18)

by GilesFiles | May 21, 2024 | 2020 onwards, Appeals, Appeals - leave, Causes and defences, Compensation or damages, ConCourt judges, Constitutional Court, Costs, Courts, Declaratory, Fair procedure, Interpretation etc, Judges, Jurisdiction & powers, Labour Relations, Lawfulness & fairness, Legal Practice, Legislation, Logistics, LRA 08a: 185-197B Dismissal, LRA 08a: 189 and 189A see Termination, LRA 1995, OL Rogers, Operational reasons, Orders, Parties, Personal services, Private enterprises, Restructuring, Review tests, RMM Zondo, Rules Codes & Manual, Sectors, Selected judges, Severance pay, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics | 0 |

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Bumping onerous and unreasonable: Fair reason to dismiss

by GilesFiles | Mar 5, 2024 | 2020 onwards, Agriculture, Bumping, 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 1995, Operational reasons, Orders, Parties, Private enterprises, Sectors, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics | 0 |

Sactwu obo members v Fyvie NO When is bumping onerous and unreasonable in context of different farming operations requiring special skills? “44. In my view the decision of the Applicants to ‘retrench’ only the...

B-BBEE selection criteria: DMA & mootness

by GilesFiles | Feb 8, 2023 | 2020 onwards, Appeals, Appeals - leave, Bill of Rights, Causes and defences, Central, ConCourt judges, Constitutional Court, Costs, Courts, Covid-19 issues, Declaratory, Dignity equality freedom, Disallowed, Government, Insights, Judges, Legal Practice, Legislation, Orders, Parties, Review tests, Rules Codes & Manual, Sectors, State organs, State Owned Enterprises, Statutory, Topics | 0 |

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Operational selection criteria: Managerial prerogative

by GilesFiles | Nov 22, 2022 | 2020 onwards, André van Niekerk, Applications, Bumping, Causes and defences, Costs, Costs not awarded, Courts, Declaratory, Evidence & onus, Hospitality, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, LC Rules-old, LC-Practice Manual, Legal Practice, LRA 07: 112-184 Dispute, LRA 08a: 185-197B Dismissal, LRA 1995, Minute: pre-trial or arb, Operational reasons, Orders, Parties, Personal services, Private enterprises, Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics | 0 |

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Restructuring business operations: Process considered

by GilesFiles | Jul 18, 2022 | 2020 onwards, Allowed, Appeals, Appeals - leave, Causes and defences, Collective action, Common law, Conduct & capacity, Costs, Costs not awarded, Courts, Declaratory, Disallowed, Evidence & onus, Exceptions/special pleas, Finance, General, Interpretation etc, Judges, Jurisdiction & powers, Kate Savage, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, Legislation, LRA 07: 112-184 Dispute, LRA 08a: 185-197B Dismissal, LRA 1995, Operational reasons, Orders, Parties, Personal services, Private enterprises, Restructuring, Review tests, Rules Codes & Manual, Sectors, Settlement agreements, Severance pay, 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,...

Tag: selection criteria