Category: Covid-19 issues

Constructive dismissal examined: Covid-related issues

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Coping with Covid epidemic: Unpaid layoff alternative?

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Alleged cultural discrimination: Inherent job requirements

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B-BBEE selection criteria: DMA & mootness

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Constructive dismissal analysed: Salary reduced

Westcor SA (Pty) Ltd v TM Is a constructive dismissal inherently unfair and if not how must the facts be analysed and who bears the onus of proof? “[26] A ‘constructive dismissal’ occurs when the employee resigns because...

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Supervisory order granted: Serious procedural defects

SA Health Products Regulatory Authority v ACDP Why did a full bench of SCA uphold appeal and decide to set aside a supervisory order granted by the high court? “[23] The appeal must succeed for the three inter-related...

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Defamatory false statement: Deficient cause pleaded

P-P v D (Ambiance BC) When does a false statement become defamatory and lower a person in the estimation of right-thinking members of society generally? “32. In summary, the test is whether it is more likely, more probable...

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Covid-19 operational requirements: Dismissal valid and fair

Dryden v Duncan Korabie Attorneys How should managers deal with employees who refuse to be vaccinated and may employment be terminated after following a fair procedure and should the reason for dismissal be related to conduct or...

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Vaccination passport policy: No grounds for urgency

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