VSP Archives - GilesFiles

Valid operational requirements: Substance & procedure?

by GilesFiles | Nov 27, 2025 | 2020 onwards, Allowed, Appeals, Appeals - leave, Awards -s145 see also Sidumo, B Waglay, Causes and defences, Costs not awarded, Courts, Declaratory, Hospitality, Inherent requirements, Interpretation etc, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, Legislation, LRA 08a: 189 and 189A see Termination, LRA 1995, Operational reasons, Orders, Parties, Private enterprises, Resolving disputes (LRL 3), Restructuring, Retired judges, 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,...

Disputed settlement agreement: But no dismissal?

by GilesFiles | Aug 2, 2024 | 2020 onwards, Applications, Banks, Causes and defences, Connie Prinsloo, Courts, Declaratory, Deemed, Disputes: right or interest, Finance, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, LRA 07: 112-184 Dispute, LRA 1995, LRA D: 151-166 LC, Operational reasons, Orders, Parties, Personal services, Private enterprises, Rules Codes & Manual, Sectors, Selected judges, Settlement agreements, 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,...

Disputing settlement agreement: Valid and binding

by GilesFiles | Oct 18, 2023 | 2020 onwards, Allowed, Appeals, Appeals - leave, Causes and defences, Construction industry, Courts, Interpretation etc, Judges, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, Legislation, LRA 08a: 189 and 189A see Termination, LRA 1995, Objective - correctness, Operational reasons, Orders, Parties, Private enterprises, Review tests, Sectors, Settlement agreements, 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,...

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 |

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,...

Operational requirements paramount: Adapt quickly?

by GilesFiles | Oct 27, 2020 | 2020 onwards, 2020 onwards, Appeals, Appeals - leave, AUD, Bill of Rights, Collective Bargaining (LRL 5), ConCourt judges, Constitutional Court, Construction industry, Courts, Declaratory, Disallowed, Interpretation etc, Judges, Jurisdiction & powers, Labour Relations, Landmark judgments, Legal Practice, LRA 04: 64-69 Power plays (LRL 6), LRA 07: 112-184 Dispute, LRA 08a: 185-197B Dismissal, LRA 1995, Operational reasons, Orders, Parties, Review tests, Sectors, Severance pay, Sidumo - see also awards s 145, Statutes (LRL 2)-work, Termination (LRL 8), Topics, Trade unions | 0 |

Numsa v Aveng Trident Steel Society accepts the paramount importance of operational requirements and the economic viability of enterprises and senior management is best placed to conduct the operations and one of the primary...

Business rescue practitioners: Operational dismissals

by GilesFiles | Jul 9, 2020 | 2020 onwards, Airline pilots, Appeals, Appeals - leave, Conduct & capacity, Courts, Declaratory, Disallowed, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, Legislation, LRA 07: 112-184 Dispute, LRA 08a: 185-197B Dismissal, LRA 1995, MV Phatshoane, Operational reasons, Orders, Parties, Sectors, Statutes (LRL 2)-work, Termination (LRL 8), Topics, Trade unions | 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,...

Business rescue plan: Unfair dismissal procedure?

by GilesFiles | May 8, 2020 | 2020 onwards, André van Niekerk, Applications, Associations/corporates, business rescue, Courts, Declaratory, Granted, Interdicts & rules, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, LC Rules-old, Legal Practice, Legislation, LRA 07: 112-184 Dispute, LRA 08a: 185-197B Dismissal, LRA 1995, Management, Markets in SA, Operational reasons, Orders, Parties, philosophy / economics, Risks, Sectors, State Owned Enterprises, Statutes (LRL 2)-work, Termination (LRL 8), Topics, Trade unions, Urgency | 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,...

Reciprocal contractual obligations: Duty to disclose transfer?

by GilesFiles | May 6, 2020 | 2020 onwards, Applications, Bill of Rights, Causes and defences, Courts, Declaratory, High Court, High Court judges, Judges, Jurisdiction & powers, Legal Practice, Legality principle, Legislation, LRA 197 - transfers, Orders, Parties, Retirement, Review tests, Sectors, Special pleas, Topics | 0 |

Maoke v Telkom (Soc) Ltd (CPIC) Reciprocal contractual obligations of trust and confidence arise impliedly and have been accepted by the SCA as part of our law and in this matter the claim should have alleged that Telkom...

Voluntary separation packages: Procedural fairness accepted

by GilesFiles | Mar 5, 2020 | 2020 onwards, Applications, Courts, Interdicts & rules, Judges, Labour Court, Labour Court judges, Labour Relations, Legal Practice, LRA 07: 112-184 Dispute, LRA 08a: 185-197B Dismissal, LRA 1995, Operational reasons, Parties, Refused, Retirement, RGO Lagrange, Sectors, State organs, State Owned Enterprises, Statutes (LRL 2)-work, Termination (LRL 8), Topics, Trade unions | 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,...

Voluntary severance package: Refusal to re-appoint rational

by GilesFiles | Feb 6, 2019 | 2019, Associations/corporates, Bargaining councils, Courts, Discrimination (LRL 11), EEA 1998, EEA Chpt II ss 5-11, Employ Equity (LRL 12), H Rabkin-Naicker, Judges, Labour Court, Labour Court judges, Labour Relations, Parties, 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,...

Severance package interpreted: Purposive approach

by GilesFiles | Dec 15, 2017 | 2017, BCEA 77(3) & 77A(e), Causes and defences, Courts, Interpretation etc, Judges, Labour Appeal Court, LAC judges, Legislation, Roland Sutherland, Sectors | 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,...

Separation agreement approved: Soft exit valid and binding

by GilesFiles | Feb 3, 2016 | 2016, 2016, Bill of Rights, Causes and defences, Courts, Judges, Kate Savage, Labour Appeal Court, Labour Relations, LAC judges, Landmark judgments, Mutual termination, Public policy, Settlement agreements, Termination (LRL 8), Topics | 3 |

G-O v Reckitt Benckiser SA (Pty) Ltd (JA 95/2014) [2016] ZALAC 2 ; [2016] 5 BLLR 425 ; (2016) ILJ 902 (3 February 2016) per Savage AJA [Waglay JP and Coppin JA concurring] It is not uncommon for employers and employees to sign...

Tag: VSP