Category: Labour Appeal Court

Insourcing security personnel: Shared service agreement

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Fair procedure followed: Investigated fair reason properly

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Speedy dispute resolution: Why need for charge-sheets?

Malapalane v Glencore Operations SA (Pty) Ltd (Goedevonden Colliery) Effective and speedy dispute resolution was accepted by the LAC but there are disturbing statements in the judgment that suggest the true objective of labour...

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Interest on compensation: Date of commencement?

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Reinstatement primary remedy: All relevant circumstances

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Higher fiduciary standard: Conduct severely damaging trust

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Ignored three ultimata: Fair dismissal of strikers proved

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Duty to disclose: Need to balance interests

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Duty to speak: Deliberately concealing knowledge

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Derivative misconduct considered: Complex concept examined

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Charged convicted dismissed: Disputed settlement agreement

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Indefinite duration contracts: No proof of limited duration

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