Ultimatums Archives - GilesFiles

Obeying lawful instructions: Conduct on premises

by GilesFiles | Jan 26, 2026 | 2020 onwards, Appeals, Awards -s145 see also Sidumo, Causes and defences, Conduct - gross, Contractual breach, Costs, Costs not awarded, Courts, Disallowed, Insubordination and defiance, Interpretation etc, Intolerable, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, Legislation, LRA 08a: 185-197B Dismissal, LRA 1995, LRA Sch 8: GP Code, Manufacturing, Orders, Parties, Private enterprises, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, Substance, Termination (LRL 8), Topics, Zero tolerance | 0 |

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Unprotected strike action: Valid and fair dismissals

by GilesFiles | Jan 21, 2026 | 2020 onwards, 68 strike unprotected, Balancing interests, Causes and defences, Conduct - gross, Contractual breach, Costs, Costs not awarded, Courts, Declaratory, Interpretation etc, Intolerable, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, LRA 08a: 185-197B Dismissal, LRA 1995, LRA Sch 8: GP Code, Manufacturing, Objective - correctness, Orders, Parties, Private enterprises, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics | 0 |

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Appropriate dismissal remedies: Compensated not reinstated

by GilesFiles | Jul 24, 2025 | 2020 onwards, 64-77 Strikes, 68 strike unprotected, Agriculture, Balancing interests, Causes and defences, Compensation or damages, Conduct unbecoming, Contractual breach, Costs not awarded, Courts, Declaratory, Differentiation not discrimination, Fair procedure, Insolence and insubordination, Interpretation etc, Judges, Jurisdiction & powers, Just and equitable relief, Labour Court, Labour Court judges, Labour Relations, Lawfulness & fairness, LC-Practice Manual, Legal Practice, Legislation, LRA 04: 64-69 Power plays (LRL 6), LRA 08a: 185-197B Dismissal, LRA 1995, Orders, Parties, Private enterprises, Protect not punish, Resolving disputes (LRL 3), Sectors, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics, Trust & confidence, Warnings, 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,...

Reinstating protected strikers: Immunity not forfeited

by GilesFiles | Oct 17, 2023 | 2020 onwards, 64 Strikes/lockouts, 64-77 Strikes, 65 limitations, 67 protected strike, AUD, Bill of Rights, BM Whitcher, Causes and defences, Collective Bargaining (LRL 5), Conduct & capacity, Contempt, Contractual breach, Costs, Courts, Declaratory, Derivative action, Evidence & onus, Harass & bully, Interpretation etc, intimidation, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, LRA 04: 64-69 Power plays (LRL 6), LRA 07: 112-184 Dispute, LRA 193, LRA 1995, Manufacturing, Orders, Parties, Private enterprises, Rules Codes & Manual, 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,...

Costs de bonis propriis: Making it up

by GilesFiles | May 18, 2023 | 2020 onwards, 64 Strikes/lockouts, 64-77 Strikes, 65 limitations, 68 strike unprotected, André van Niekerk, Applications, Causes and defences, Conduct & capacity, Costs, Courts, Declaratory, Evidence & onus, Interpretation etc, Job evaluation and grading, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, LC Rules-old, Legal Practice, Legislation, LRA 04: 64-69 Power plays (LRL 6), LRA 07: 112-184 Dispute, LRA 08a: 185-197B Dismissal, LRA 1995, Management, Manufacturing, Orders, Parties, Private enterprises, Rules Codes & Manual, Sectors, Selected judges, Statutes (LRL 2)-work, Statutory, Suspensions, Termination (LRL 8), Topics | 0 |

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Unprotected strike participation: Conduct unacceptable

by GilesFiles | Sep 21, 2022 | 2020 onwards, 64-77 Strikes, 68 strike unprotected, Applications, BCEA 77(3) & 77A(e), Causes and defences, Conduct - gross, Conduct & capacity, Connie Prinsloo, Construction industry, Costs, Costs not awarded, Courts, Declaratory, Evidence & onus, Judges, Labour Court, Labour Court judges, Labour Relations, Legal Practice, LRA 04: 64-69 Power plays (LRL 6), LRA 07: 112-184 Dispute, LRA 198 Temporary employment services, LRA 1995, Management, Orders, Parties, Risks, Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, Statutory, Substance, Termination (LRL 8), Topics, Trust & confidence, Warnings | 0 |

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Response to unprotected strike: Valid and fair

by GilesFiles | Aug 3, 2022 | 2020 onwards, 64 Strikes/lockouts, 64-77 Strikes, 68 strike unprotected, Agriculture, Applications, Causes and defences, Conduct - gross, Conduct & capacity, Contractual breach, Costs, Courts, Declaratory, Evidence & onus, Fair procedure, Granted, Judges, Labour Court, Labour Court judges, Labour Relations, Legal Practice, LRA 04: 64-69 Power plays (LRL 6), LRA 07: 112-184 Dispute, LRA 1995, Operational reasons, Orders, Parties, Private enterprises, RGO Lagrange, Sectors, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics, Trust & confidence | 0 |

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Ultimatum ensured return: Right to dismiss waived

by GilesFiles | Oct 1, 2020 | 2020 onwards, 64 Strikes/lockouts, 64-77 Strikes, 68 strike unprotected, Allowed, Appeals, Appeals - leave, Applications, BCEA 77(3) & 77A(e), Collective Bargaining (LRL 5), Conduct & capacity, Courts, Declaratory, John Murphy, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, LRA 04: 64-69 Power plays (LRL 6), LRA 07: 112-184 Dispute, LRA 08a: 185-197B Dismissal, LRA 193, Mining, Orders, Parties, Reinstatement, Sectors, Statutes (LRL 2)-work, Termination (LRL 8), Topics, Trade unions, Warnings | 0 |

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Union organisational rights: Consultation rights?

by GilesFiles | May 18, 2020 | 2020 onwards, 64 Strikes/lockouts, 64-77 Strikes, 68 strike unprotected, Appeals, Collective action, Construction industry, Courts, John Murphy, Judges, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, LRA 04: 64-69 Power plays (LRL 6), LRA 07: 112-184 Dispute, LRA 08a: 185-197B Dismissal, LRA 1995, Parties, Sectors, Statutes (LRL 2)-work, Termination (LRL 8), Topics, Trade unions, Warnings | 0 |

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Strikers denied compensation: Dismissal procedure unfair

by GilesFiles | Nov 29, 2019 | 2020 onwards, 64 Strikes/lockouts, 64-77 Strikes, 68 strike unprotected, Agriculture, Applications, Courts, Judges, Jurisdiction & powers, Just and equitable relief, Labour Court, Labour Court judges, Labour Relations, Legal Practice, LRA 04: 64-69 Power plays (LRL 6), LRA 07: 112-184 Dispute, LRA 08a: 185-197B Dismissal, LRA 193, LRA 1995, Orders, Parties, philosophy / economics, Sectors, Statutes (LRL 2)-work, Termination (LRL 8), Topics, Trade unions, Warnings | 0 |

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Unsuccessful damages claim: Unprotected strike action

by GilesFiles | Apr 24, 2019 | 2019, 64 Strikes/lockouts, 64-77 Strikes, 65 limitations, 68 strike unprotected, Costs, Courts, Edwin Tlhotlhalemaje, Judges, Just and equitable relief, Labour Court, Labour Court judges, Labour Relations, Legal Practice, LRA 03: 11-63 Bargain, LRA 1995, Sectors, Statutes (LRL 2)-work, Topics, Warnings | 0 |

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Ignored three ultimatums: Fair dismissal of strikers

by GilesFiles | Jul 19, 2018 | 2018, 64 Strikes/lockouts, 64-77 Strikes, 65 limitations, 68 strike unprotected, Collective action, Conduct - gross, Conduct & capacity, Consistency element, Courts, Judges, Labour Appeal Court, Labour Relations, LAC judges, LRA 04: 64-69 Power plays (LRL 6), LRA 08a: 185-197B Dismissal, LRA 1995, Risks, Statutes (LRL 2)-work, Substance, Termination (LRL 8), Topics, Warnings | 0 |

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Tag: Ultimatums