Category: Faan Coetzee

Downgrading equals demotion: Unfair practice

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Selection criteria redundancy: Unfair reason to dismiss

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Dismissal reason: Operational requirements or incapacity

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Reasonable expectation: PSA trumped by LRA s186(1)(b)(ii)

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Any other arbitrary grounds: EEA interpretation

Ndudula v Metrorail Prasa (Western Cape) (C1012/2015) [2017] ZALCCT 12 ; [2017] 7 BLLR 706 ; (2017) ILJ 2565 (LC) (30 March 2017) per Coetzee AJ. The LC declined to uphold a claim of alleged ‘unfair’ discrimination on an...

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Correct review test for dismissal: No expectation of renewal

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Employment equity plan: Essential for affirmative action

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