Category: Labour Court judges

Genuine operational requirements: Alternative postings offered

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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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Punitive costs awarded: Jurisdiction lacking

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Reviewing private arbitration award: Curtailed review powers

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Effect of early retirement: Contract not terminated

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Reinstatement primary remedy: Valid and fair reason?

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Bumping onerous and unreasonable: Fair reason to dismiss

Sactwu obo members v Fyvie NO When is bumping onerous and unreasonable in context of different farming operations requiring special skills? “44. In my view the decision of the Applicants to ‘retrench’ only the...

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Reviewing jurisdictional issues: Award set aside

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Restraint agreement enforced: Potential impending harm

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Constructive dismissal examined: Covid-related issues

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Commission bonus considered: Amendment not agreed

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Disputed severance pay: Fixed-term contracts?

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