Category: 2016

Termination of residence: Only after lawful and fair dismissal

Snyders v De Jager (Appeal) (CCT186/15) [2016] ZACC 55 (21 December 2016) per Zondo J (Mogoeng CJ, Moseneke DCJ, Bosielo AJ, Cameron J, Jafta J, Khampepe J, Madlanga J, Mhlantla J and Nkabinde J concurring) The Constitutional...

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Prescription labour relations: Tensions exist

 Essence Tension between prescription and labour relations: meaning of ‘debt’ in the context of the Labour Relations Act with its own dispute resolution systems.  Decision Myathaza v Johannesburg...

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Unlawful interference considered: Delictual liability?

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,...

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Defining majoritarianism and workplace

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,...

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Reinstate unless relationship intolerable

The Constitutional Court held that the arbiter should not have immediately ordered  reinstatement without considering s 193(2) of the LRA.  The arbiter should have  determined whether reinstatement was precluded.  Reasons for...

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Balancing party interests: Fair go all round

The Constitutional Court may have set an important precedent that could be followed in future.  There is no doubt that the employee made deplorable racist comments.  That was gross misconduct and provided a valid and lawful...

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Reverse waiver if against public policy

“The reversal of the decision not to appeal happened within a very short period of three days, unlike in SANDU where there was a lapse of two weeks and the peremptor was nevertheless allowed to appeal.  The central feature of...

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