Category: AB Insights law

Affording right to respond: Moot and academic

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Interpreting (in)capacity and (mis)conduct: LRA and ILO Convention 158

ChatGPT ‘executive’ summary The provided text discusses the concept of probationary periods for employees and the legal considerations related to dismissals during this period. It draws comparisons between South...

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Terminating employment contracts: ILO Convention 158 & Experts Committee

Note on Convention No. 158 and Recommendation No. 166 concerning termination of employment Contents Preface. 1 Part I. Content of Convention No. 158 and Recommendation No. 166. 1 Definitions and concepts. 1 Termination. 1...

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Protectable interests confirmed: Restraint and unfair competition

Micros SA (Pty) Ltd v AK What role does unlawful competition play when protectable interests are confirmed and former employee is restrained? “[32]. As regards unlawful competition, it is as submitted by Mr Franklin, that...

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Equal pay dispute: Comparators with longer service

Upswu obo M v Tiger Brands (Pty) Ltd What distinguishes a dispute about equal pay from a dispute about equal value and why is length of service a relevant factor? “[36] In the Pioneer case, the Court stated as follows in...

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Alleged cultural discrimination: Inherent job requirements

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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Prematurely terminating employment: Retirement age?

RE / University of Fort Hare Prematurely terminating employment  Essence Prematurely terminating employment  Decision (ECEL39-23) [2023] 7 BALR 756 (CCMA) (5 May 2023) Order: [39]        The respondent is ordered to reinstate...

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