Category: Risks

Legitimate operational response: Trust relationship destroyed

Amcu v CCMA (Assmang – Blackrock Mine) When is dismissal related to conduct a legitimate operational response and a valid and fair reason to terminate services of employee with long service?  [57] There can thus be little doubt...

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Operational risk management: Dismissal a sensible response

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Operational risk management: Dismissal a sensible response

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Violent gross misconduct: Trust completely destroyed

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Confession acceptable evidence: Made freely and voluntarily

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Retrospective reinstatement granted: True purpose of LRA?

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Affording right to respond: Moot and academic

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Common purpose and inconsistency: Mass dismissals fair

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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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Reinstatement principles considered: Inappropriate or impractical?

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Jurisdictional issues considered: Another hopeless case

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Delaying disciplinary measures: Compensation for unfair procedure

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