Category: AB Insights law

Penalty for breaching restraint: Onus not discharged

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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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Changes in organisational structure: Differentiation not discrimination

NP v Ezemvelo KZN Wildlife Do changes in organisational structure present management with opportunity to ensure compliance with equal pay for work of equal value? “[14] Applicant is bound by the characterisation of the...

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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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Alleged cultural discrimination: Inherent job requirements

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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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