Tag: unlawful and void

Disobeying lawful instruction: Valid reason but unfair dismissal

by GilesFiles | Mar 20, 2025 | 2020 onwards, AB1 - Fairness principle or concept, Appeals, Appeals - leave, Awards -s145 see also Sidumo, Balancing interests, BCEA 77(3) & 77A(e), Causes and defences, Conduct & capacity, Conduct unbecoming, Contractual breach, Courts, Declaratory, Evidence & onus, Fair procedure, False assumptions, Insights, Insolence and disrespect, Insolence and insubordination, Insubordination and defiance, Interpretation etc, Judges, Jurisdiction & powers, Just and equitable relief, Labour Appeal Court, Labour Relations, LAC judges, Lawfulness & fairness, Legal Practice, Legislation, LRA 08a: 185-197B Dismissal, LRA 1995, Management, Manufacturing, Orders, Parties, Performance, Private enterprises, Protect not punish, Reinstatement, Resolving disputes (LRL 3), Review tests, Roland Sutherland, Rules Codes & Manual, Sectors, Selected judges, Statutes (LRL 2)-work, Substance, Termination (LRL 8), Topics, Trust & confidence, Warnings | 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,...

Read More

Error of law considered: Unreasonable award set aside

by GilesFiles | Aug 17, 2016 | 2016, AB1 - Fairness principle or concept, Anton Steenkamp, Awards -s145 see also Sidumo, Balancing interests, Causes and defences, Conduct unbecoming, Contractual breach, Declaratory, Dennis Davis, Insights, John Murphy, Just and equitable relief, Labour Court, Labour Court judges, Lawfulness & fairness, Legislation, LRA 08a: 185-197B Dismissal, Orders, Protect not punish, Resolving disputes (LRL 3), Review tests, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics, Trust & confidence | 2 |

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,...

Read More