Category: Labour Appeal Court

Political protest action: Labour court lacks jurisdiction

CCI SA (Pty) Ltd v ANC Youth League How to determine jurisdiction and whether trade union or strike action was involved or simply political protest action? “[28] What is different in this matter is that as much as the...

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Reinstated with limited backpay: Refusal to relocate

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Shortlisting applicants considered: Failure to promote

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Retrospective reinstatement ordered: Test is objective

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Going concern transfer: Substance over form

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Enforcing restraint agreement: Crafting narrow restraint

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Confession acceptable evidence: Made freely and voluntarily

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Reinstatement principles considered: Inappropriate or impractical?

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Limited business transfer: Cross-border transport service

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Interpreting contractual terms: Principles discussed

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Precautionary suspensions examined: Complying with constitution

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Legality review considered: Unlawfulness and contempt

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