Category: 2012 and earlier

Invalid reason: Dismissal set aside so fairness irrelevant

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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Managing director: Also senior managerial employee

The LAC confirmed that an executive director, such as the managing or financial director, holds not only the office of director but is also automatically an employee for the purposes of the definition of ‘employee’ in s 213 of...

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LAC judgments: July to September 2012

Courtesy of Saflii it is possible to provide free links to seven recent judgments of the Labour Appeal Court, including the summaries provided in the judgments themselves.   Of particular interest will be the judgments of Murphy...

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Age discrimination: ‘employment at will’

Assume an employer extends employment beyond the fixed age for retirement, subject to the condition that thereafter employment will be solely ‘at the will’ of the employer.   Does that mean the employee forfeits the statutory...

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Bargaining council scope: Unbundled entity

The Labour Appeal Court (LAC) disallowed the appeal and upheld the judgment of Molahlehi J in the Labour Court.  The Bargaining Council failed to prove that the unbundled entity in the furniture sector was required to register...

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Suggestion that awards should be appealed

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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Practice code dismissal: Failure to comply

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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