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Results: 1 - 20 of 20 for "reasonable expectation of promotion" (0.03486)
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NC1381-15

Applicant : Muller
Respondent : Northern Cape Provincial Legislature
Award date : 2015/07/30
Categorisation : Unfair conduct - promotion/demotion/probation/training/benefits
Court : CCMA
Rating : 2

... Managers reporting directly to the Secretary of the Legislature are:- Corporate Services ... conduct in overlooking the applicant for promotion notwithstanding that his subordinate was ... observe correct reporting lines in terms of the approved organisational structure. From ... from 'salary adjustment or regrading' to 'promotion'. The applicant cannot change the ... that the respondent created a legitimate expectation. The question whether an employee ... practice because he had a reasonable expectation of promotion. The commissioner found ... from "salary adjustment or regrading" to "promotion". He submitted that the applicant ... different jobs or grade levels. Promotion includes advancement in: remuneration levels, fringe benefits, levels of responsibility/authority/power De Villiers ... an unfair labour practice. Analysis of parties 'submissions and arguments 32. ... the employer relating to the promotion, demotion, probation (excluding disputes about ... , fringe benefits, status, and levels of responsibilities, levels in authority and ...

 

 

JR2621-10

Applicant : Trudon (Pty) Ltd
Respondent : The CCMA and 2 others (JR 2621/10)
Award date : 2013/03/22
Categorisation : Johannesburg
Court : Labour Court
Rating :

... OF SOUTH AFRICA THE LABOUR COURT OF SOUTH AFRICA, JOHANNESBURG JUDGMENT Not ... Delivered: 22 March 2013 Summary: Review of an award on the alleged ... second respondent acting under the auspices of the first respondent. [2] The ... unfair labour practice in relation to promotion. She ordered the applicant to ... pay the third respondent an equivalent of one-month salary as compensation. In relation to promotion she ordered the applicant to ... the third respondent to a position of Corporate Communications Manager with effect ... The attack was directed to the promotion finding Background facts [3] During ... appropriate relief should have been one of compensation. In its supplementary affidavit, ... to the issue of lack of jurisdiction, reasonable expectation of promotion, failure ... and submissions by arguing that the promotion contravened the applicant’s policy. ... it evinces unfairness in relation to promotion qualifies to sustain a claim of unfair labour practice. [10] The ...

 

 

JR 2621/10) [2013] ZALCJHB 49

Applicant : Trudon (Pty) Ltd
Respondent : Commission for Conciliation Mediation and Arbitration and Others
Award date : 2013/03/22
Categorisation : Johannesburg
Court : Labour Court
Rating :

... OF SOUTH AFRICA THE LABOUR COURT OF SOUTH AFRICA, JOHANNESBURG JUDGMENT Not ... Delivered: 22 March 2013 Summary: Review of an award on the alleged ... second respondent acting under the auspices of the first respondent. [2] The ... unfair labour practice in relation to promotion. She ordered the applicant to ... pay the third respondent an equivalent of one-month salary as compensation. In relation to promotion she ordered the applicant to ... the third respondent to a position of Corporate Communications Manager with effect ... The attack was directed to the promotion finding Background facts [3] During ... appropriate relief should have been one of compensation. In its supplementary affidavit, ... to the issue of lack of jurisdiction, reasonable expectation of promotion, failure ... and submissions by arguing that the promotion contravened the applicant’s policy. ... evinces unfairness in relation to promotion qualifies to sustain a claim of unfair labour practice. [10] The ...

 

 

ECEL797-12

Applicant : Kwinana
Respondent : Eastern Cape Gambling & Betting Board and other
Award date : 2012-06-19
Categorisation : Unfair conduct - promotion/demotion/probation/training/benefits
Court : CCMA
Rating :

... :&mxolisit@ecgbb.co.za\\ \\ & DETAILS OF THE HEARING AND REPRESENTATION The ... the 17th October 2012. SURVEY OF SUBMISSIONS Submission by the Applicant ... did not create a reasonable expectation of promotion as all posts ... panelist to time-constraints. ANALYSIS OF ARGUMENT It is trite law ... constitutional inspiration from section 23 of the Constitution. The Constitutional Court ... by holding that: ``The process of interpreting the Constitution must recognise ... fundamental human rights. This spirit of transition and transformation characterises the ... ''. ` The Constitution eschews the exercise of public power in an arbitrary ... position is. The Policy imperatives of the first respondent were not ... first respondent is not worthy of legal recognition and endorsement. I ... and impropriety and resultant manifestation of an unfair labour practice. I ... ruling. AWARD 46. The appointment of the second respondent, Busisiwe Bebelele ... authorised. |CaseNumber| Page PAGE 8 of NUMPAGES 8 Last saved on ...

 

 

NC1038-11

Applicant : Lebelo
Respondent : National Union of Mineworkers
Award date : 2011-08-26
Categorisation : Unfair conduct - promotion/demotion/probation/training/benefits
Court : CCMA
Rating :

... the employee') and the National Union of Mineworkers, NUM (`the employer') was ... transfer -- in particular with the lack of proper consultation about his personal ... promotion because he had a reasonable expectation of promotion; although there was ... the transfer itself entitled him to promotion because the transfer itself was ... paid him R3500 relocation benefit instead of the two months' salary stipulated ... relocation allowance and the reinstatement of his petrol allowance. The case ... co-ordinator for the Kimberley region of the employer since 2006. According ... before considering the further question of unfairness. Relocation Allowance The Human ... ' for a regular monthly amount of `R3800 for union activities', alongside ... accordance with the accepted practice of the employer. In this instance ... unfair labour practice relating to promotion or benefits. AWARD The employer ... unfair labour practice relating to promotion or benefits and the employee ... authorised. |CaseNumber| Page PAGE 10 of NUMPAGES 10 Last saved on ...

 

 

PSHS363-10_11

Applicant : HOSPERSA obo Morake, M.D
Respondent : Department of Health and Social Development - Limpopo
Award date : 2011/03/14
Categorisation : Unfair conduct - promotion/demotion/probation/training/benefits
Court : CCMA
Rating :

... M D Morake (Employee) and Department of Health and Social Development- Limpopo ... District. He occupied a position of Emergency Care Practitioner prior to ... in line with Resolution 1 of 2002, Collective Agreement. E The ... would be made accordingly. SURVEY OF EVIDENCE AND ARGUMENT EVIDENCE Documentary ... by the parties in support of their submissions. Employee’s Evidence: ... requirements. In addition a legitimate expectation was created by appointing him ... does not create a legitimate expectation for appointment. The Department has ... the advertised post, in respect of qualifications and competencies in order ... selection purposes, a higher level of qualification and competencies than that ... matter to be dismissed ANALYSIS OF EVIDENCE AND ARGUMENT 1. It ... allowing this created a legitimate expectation. It was further argued that ... , because he had a reasonable expectation of promotion, which had unreasonably ... promoted. In this context legitimate expectation means that an employee is ...

 

 

FS1885-10

Applicant : Jacobie
Respondent : Parmalat SA (Pty) Ltd
Award date : 2010/08/25
Categorisation : Unfair conduct - promotion/demotion/probation/training/benefits
Court : CCMA
Rating :

... alleged unfair labour practices by way of: a disciplinary sanction; alleged unfair ... both the substantive and procedural fairness of the alleged unfair labour practices. ... iii. The substantive and procedural fairness of the said final written warnings. ... the applicant argued that the conduct of the respondent was procedurally unfair. ... charged again with misconduct. The chairperson of the first hearing again presided ... claimed that he had a reasonable expectation of promotion when he went ... not have the minimum requirement of matriculation certificate. He however had ... , the following: [55] The chairperson of the hearings (Ms. Schoeman) admitted ... ). The said assistance covers areas of evidence, verdict and penalty (amongst ... with a more serious charge of (gross) insubordination. He deliberately defied ... respondent argued. [131] In respect of the second hearing, the applicant ... ] As indicated above, the suspension of the applicant was procedurally unfair ... are authorised. |CaseNumber| Page 1 of 4 Last saved on: |DocLastSavedDate ...

 

 

FS3098-08

Applicant : MEWUSA obo Motanyane, EH
Respondent : Beatrix Mine (SA Stofile)
Award date : 2008/09/01
Categorisation : Unfair conduct - promotion/demotion/probation/training/benefits
Court : CCMA
Rating :

... Commissioner: Schalk van der Merwe Date of Award: 16-Nov-2008 In ... Beatrix Mine (SA Stofile) Respondent DETAILS OF THE HEARING AND THE REPRESENTATION ... proceedings were held at the venue of the CCMA in Welkom on ... alleged unfair labour practice, relating to promotion, by the respondent in terms of the Labour Relations Act 66 ... down again for arbitration. 3. SURVEY OF EVIDENCE AND ARGUMENT Ishmail Mathaka ... He was the shaft shop stewart of the applicant. The employer gave the applicant a reasonable expectation of promotion. Emmanuel Motanyane testified ... he even had a letter of recommendation by his superior. 3. ... since September 2007. 4. ANALYSIS OF EVIDENCE AND ARGUMENT 4.1 ... fair procedure followed with the promotion of his co - worker to ... , Tseko Pholoana, by the payment of the difference in salary between ... be promoted to for period of six (6) months. This comes ... .2. I make no order of costs. Signature: Commissioner: Schalk van ... are authorised. |CaseNumber| Page 1 of 3 Last saved on: |DocLastSavedDate ...

 

 

FS3098-08

Applicant : MEWUSA obo Motanyane, EH
Respondent : Beatrix Mine (SA Stofile)
Award date : 2008/09/01
Categorisation : Unfair conduct - promotion/demotion/probation/training/benefits
Court : CCMA
Rating :

... Commissioner: Schalk van der Merwe Date of Award: 16-Nov-2008 In ... Beatrix Mine (SA Stofile) Respondent DETAILS OF THE HEARING AND THE REPRESENTATION ... proceedings were held at the venue of the CCMA in Welkom on ... alleged unfair labour practice, relating to promotion, by the respondent in terms of the Labour Relations Act 66 ... down again for arbitration. 3. SURVEY OF EVIDENCE AND ARGUMENT Ishmail Mathaka ... He was the shaft shop stewart of the applicant. The employer gave the applicant a reasonable expectation of promotion. Emmanuel Motanyane testified ... he even had a letter of recommendation by his superior. 3. ... since September 2007. 4. ANALYSIS OF EVIDENCE AND ARGUMENT 4.1 ... fair procedure followed with the promotion of his co - worker to ... , Tseko Pholoana, by the payment of the difference in salary between ... be promoted to for period of six (6) months. This comes ... .2. I make no order of costs. Signature: Commissioner: Schalk van ... are authorised. |CaseNumber| Page 1 of 3 Last saved on: |DocLastSavedDate ...

 

 

KNDB1536-07

Applicant : Munilal
Respondent : SARS Customs
Award date : 2007/05/02
Categorisation : Unfair conduct - promotion/demotion/probation/training/benefits
Court : CCMA
Rating :

... 031 328 7016 E-mail: DETAILS OF HEARING, REPRESENTATION AND BACKGROUND The ... was scheduled for arbitration in terms of the Labour Relations Act, 1995 (Act No. 66 of 1995) (LRA) at 12:00 pm on ... arbitration and that sufficient notice of the arbitration was given to ... unfair labour practice relating to promotion. ISSUE TO BE DECIDED I ... the Applicant to the position of team leader, excise department. EVIDENCE ... supervision, as acting team leader of both departments, they performed exceptionally ... tertiary qualifications. The Applicant sought promotion to the position or grade ... given that employee a reasonable expectation of promotion to such position ... 's case that his non-promotion constitutes an unfair labour practice ... the Applicant to the position of team leader, excise department. AWARD ... unfair labour practice relating to promotion by not promoting the Applicant ... Premdeo Munilal, to the position of team leader, excise department. 2 ... are authorised. |CaseNumber| Page 1 of 3 Last saved on: |DocLastSavedDate ...

 

 

KNDB1536-07

Applicant : Munilal
Respondent : SARS Customs
Award date : 2007/05/02
Categorisation : Unfair conduct - promotion/demotion/probation/training/benefits
Court : CCMA
Rating :

... 031 328 7016 E-mail: DETAILS OF HEARING, REPRESENTATION AND BACKGROUND The ... was scheduled for arbitration in terms of the Labour Relations Act, 1995 (Act No. 66 of 1995) (LRA) at 12:00 pm on ... arbitration and that sufficient notice of the arbitration was given to ... unfair labour practice relating to promotion. ISSUE TO BE DECIDED I ... the Applicant to the position of team leader, excise department. EVIDENCE ... supervision, as acting team leader of both departments, they performed exceptionally ... tertiary qualifications. The Applicant sought promotion to the position or grade ... given that employee a reasonable expectation of promotion to such position ... 's case that his non-promotion constitutes an unfair labour practice ... the Applicant to the position of team leader, excise department. AWARD ... unfair labour practice relating to promotion by not promoting the Applicant ... Premdeo Munilal, to the position of team leader, excise department. 2 ... are authorised. |CaseNumber| Page 1 of 3 Last saved on: |DocLastSavedDate ...

 

 

KNDB1536-07

Applicant : Munilal
Respondent : SARS Customs
Award date : 2007/05/02
Categorisation : Unfair conduct - promotion/demotion/probation/training/benefits
Court : CCMA
Rating :

... 031 328 7016 E-mail: DETAILS OF HEARING, REPRESENTATION AND BACKGROUND The ... was scheduled for arbitration in terms of the Labour Relations Act, 1995 (Act No. 66 of 1995) (LRA) at 12:00 pm on ... arbitration and that sufficient notice of the arbitration was given to ... unfair labour practice relating to promotion. ISSUE TO BE DECIDED I ... the Applicant to the position of team leader, excise department. EVIDENCE ... supervision, as acting team leader of both departments, they performed exceptionally ... tertiary qualifications. The Applicant sought promotion to the position or grade ... given that employee a reasonable expectation of promotion to such position ... 's case that his non-promotion constitutes an unfair labour practice ... the Applicant to the position of team leader, excise department. AWARD ... unfair labour practice relating to promotion by not promoting the Applicant ... Premdeo Munilal, to the position of team leader, excise department. 2 ... are authorised. |CaseNumber| Page 1 of 3 Last saved on: |DocLastSavedDate ...

 

 

PSGA129-06_07

Applicant : HOSPERSA obo Prinsloo
Respondent : Department of Works
Award date : 2007/02/23
Categorisation : Unfair labour practices
Court : CCMA
Rating :


 

 

PSGA129-06_07

Applicant : HOSPERSA obo Prinsloo
Respondent : Department of Works
Award date : 2007/02/23
Categorisation : Unfair labour practices
Court : CCMA
Rating :


 

 

FS176-06

Applicant : Solidarity obo Beeton, Sharon
Respondent : Harmony Gold Mine
Award date : 20060330
Categorisation : Unfair conduct - promotion/demotion/probation/training/benefits
Court : CCMA
Rating :

... Harmony Gold Mine Respondent DETAILS OF THE HEARING AND THE REPRESENTATION ... - Human Resources EOH/SAMC - Upgrading of position: S Beeton - Internal advert ... had the final authority. Management of Ernest Oppenheimer initiated the requisitions ... employees can prove a reasonable expectation of promotion They also challenged ... appointed retrospective in the position of Human Resources Officer Tech Prof ... with information during the period of retrenchment. He acknowledged that he ... stage did they create an expectation that the applicant would be ... alleged back payment. 5. ANALYSIS OF EVIDENCE AND ARGUMENT My role ... all the functions and responsibilities of Human Resources Official, Tech Prof ... Employer party created a legitimate expectation. 1. Performed all the functions ... did not provide documentary evidence of the Employer's advertising procedures ... documentary evidence and without proof of prejudice suffered by the applicant ... are authorised. |CaseNumber| Page 1 of 8 Last saved on: |DocLastSavedDate ...

 

 

KNDB8001-05

Applicant : Mkhizwana
Respondent : SASCOR
Award date : 20050924
Categorisation : Unfair conduct - promotion/demotion/probation/training/benefits
Court : CCMA
Rating : Routine

... KNDB8001-05 Commissioner: Nhlanhla Mathe Date of Award: 24-Sep-2005 In ... Union/Applicant) and SASCOR Respondent DETAILS OF THE HEARING AND THE REPRESENTATION ... arbitration was conducted at the offices of the CCMA in Durban on ... an unfair labour practice relating to promotion of the applicant. BACKGROUND TO ... by the respondent in the capacity of a security officer. He commenced ... attend the arbitration despite proper notice of the hearing by registered letter on 3 August 2005. SURVEY OF EVIDENCE AND ARGUMENT The applicant ... employer gave its employees a reasonable expectation that they would be ... the employer created a reasonable expectation of promotion. On the evidence ... unfair conduct relating to promotion. The applicant seeks to be promoted ... to pay him a total of R2 280. 06 which represents ... but for the unfair conduct of the employer. AWARD 1. Based ... this arbitration, the non appointment of the employee to a grade ... watermark are authorised. Page 1 of 4 Last saved on: |DocLastSavedDate ...

 

 

GA11114-04

Applicant : Mogorosi
Respondent : S.A Reserve Bank
Award date : 20050724
Categorisation : Unfair conduct - promotion/demotion/probation/training/benefits
Court : CCMA
Rating : Routine


 

 

LP3863-04

Applicant : Mathevula
Respondent : Chubb Protective Service
Award date : 20050221
Categorisation : Unfair Labour Practice Disputes
Court : CCMA
Rating : Routine


 

 

NW7804-03

Applicant : Gaogakwe Joseph Kupi
Respondent : Springbok Security
Award date : 20031203
Categorisation : UNFAIR LABOUR PRACTICE Disputes
Court : CCMA
Rating : Routine

... Molebalwa Case No.: NW7804-03 Date of Award: 3-Dec-2003 In ... 597-1385 Telefax: 014 5971384 DETAILS OF THE HEARING AND REPRESENTATION This ... about the date, time and venue of the arbitration hearing. The matter ... him on a permanent basis. SURVEY OF EVIDENCE APPLICANT The Applicant testified ... Respondent kept on postponing the completion of the forms. The Applicant prayed ... in permanently by the Respondent. ANALYSIS OF EVIDENCE AND ARGUMENT The first ... and power * differences in the level of job security. The Applicant testified ... the permanent position he is claiming. Promotion is definitely involved herein. In the case of Joint Affirmative Management Forum v ... on postponing the completion of forms. Reasonable expectation of promotion was created ... keep on postponing the permanent appointment of the Applicant without providing reasons ... . AWARD After considering the circumstances of this case and the nature ... to make the permanent appointment of the Applicant as from the ...

 

 

FS4090-02

Applicant : Wangra
Respondent : Avgold Target Division
Award date : 20021128
Categorisation : Unfair Labour Practice
Court : CCMA
Rating : Routine

... Darren, eventually, took over the management of the existing projects after the ... to manage small projects as part of his preparation for, eventually, assuming ... hold the employer to the alleged promotion agreement; (d) the matter should ... the following: * Claasen & Deysel V Department of Labour (1) (1997) 8 (5) ... IC); * PSA obo Hoffman V Department of Correctional Services (1997) 8 (10) ... Dale Hutchison et al. 5. ANALYSIS OF EVIDENCE AND ARGUMENT: In disputes ... to show the following: * the existence of employer and employee relationship between ... not the employee was demoted. 1. Promotion: In determining the question as ... to consider them against the backdrop of the discussions between the employee ... , with respect, not correct because of, inter alia, the following: * no ... out or created a reasonable expectation of promotion on the part ... considerations militated against the creation of such a position, constituted such ... on the cards. Contractual disputes of the aforegoing nature, probably, fall ...

 

 
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