victimisation Archives

Discrimination, harassment & victimisation: Unproved allegations?

by GilesFiles | Jun 20, 2025 | 2020 onwards, Bill of Rights, Causes and defences, Courts, Declaratory, Differentiation not discrimination, Direct and indirect discrimination, EEA Chpt II ss 5-11, EEA Chpt V ss 34-52, Employ Equity (LRL 12), Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, LRA 1995, Orders, Parties, Personal services, Refused, Resolving disputes (LRL 3), Sectors, Statutes (LRL 2)-work, Statutory, Topics, Universities and schools | 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,...

Automatically unfair dismissal: Two-tier retirement age?

by GilesFiles | May 15, 2025 | 2020 onwards, AL - ILO, Applications, AUD, Automatic, Bill of Rights, Causes and defences, Courts, Declaratory, Discrimination (LRL 11), EEA Chpt II ss 5-11, Employ Equity (LRL 12), False assumptions, Fixed-term, ILO Convention 111/1958, ILO Convention 158/1982, ILO Conventions, Insights, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Lawfulness & fairness, Legal Practice, Legislation, LRA 08a: 185-197B Dismissal, LRA 1995, Management, Objective - correctness, Operation of law, Orders, Parties, Private enterprises, Resolving disputes (LRL 3), Retirement, Review tests, RGO Lagrange, Sectors, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics, Trade, Words & phrases, Work Science Institute | 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,...

Admitting hearsay evidence: Law considered and applied

by GilesFiles | Mar 20, 2025 | 2020 onwards, B Waglay, Causes and defences, Costs, Courts, Interpretation etc, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, Legislation, LRA 07: 112-184 Dispute, LRA 1995, LRA D: 151-166 LC, Orders, Parties, Resolving disputes (LRL 3), Retired judges, Review tests, Rules Codes & Manual, 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,...

Harassing victimising subordinate: Valid and fair dismissal reason

by GilesFiles | Oct 16, 2024 | 2020 onwards, Awards -s145 see also Sidumo, Bill of Rights, Causes and defences, Conduct - gross, Conduct & capacity, Conduct unbecoming, Contractual breach, Costs, Courts, Declaratory, Delict, Evidence & onus, Harass & bully, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Lawfulness & fairness, Legal Practice, Legislation, LRA 08a: 185-197B Dismissal, LRA 1995, Mining, Orders, Parties, Private enterprises, Protect not punish, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics, Vicarious liability | 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,...

Constitutional equality right: Proof of discrimination?

by GilesFiles | Aug 12, 2022 | 2020 onwards, Applications, Awards -s145 see also Sidumo, Bill of Rights, Causes and defences, Constructive: 186(1)(e), Costs, Costs not awarded, Courts, Declaratory, Delict, EEA 1998, EEA Chpt II ss 5-11, Employ Equity (LRL 12), Evidence & onus, Exceptions/special pleas, ILO Convention 111/1958, ILO Conventions, Insights, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, LRA 07: 112-184 Dispute, LRA 1995, Management, Objective - correctness, Orders, Parties, Personal services, Policies - all, Practices (LRL 9), Private enterprises, Review tests, Rules Codes & Manual, Sectors, Special pleas, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics, 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,...

Breaching collective agreement: Unprotected strike interdicted

by GilesFiles | Jul 4, 2018 | 2018, 64 Strikes/lockouts, 64-77 Strikes, 65 limitations, 68 strike unprotected, Collective Bargaining (LRL 5), Courts, Interdicts & rules, Judges, Labour Court, Labour Court judges, Labour Relations, LRA 02: 4-10 FOA, LRA 04: 64-69 Power plays (LRL 6), LRA 1995, RGO Lagrange, 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,...

Trifles concern law: Christopher Caldwell

by GilesFiles | Aug 3, 2009 | Causes and defences, Conduct - gross, Contractual breach, Labour Relations, Suspicion, Termination (LRL 8), Thought Leaders, Topics, Trust & confidence | 0 |

Christopher Caldwell has published an interesting article in the weekend edition of the Financial Times under the above heading. He refers to a recent case in Germany concerning the termination of employment where the...

Tag: victimisation

Discrimination, harassment & victimisation: Unproved allegations?

Automatically unfair dismissal: Two-tier retirement age?

Admitting hearsay evidence: Law considered and applied

Harassing victimising subordinate: Valid and fair dismissal reason

Constitutional equality right: Proof of discrimination?

Breaching collective agreement: Unprotected strike interdicted

Trifles concern law: Christopher Caldwell