Category: David Gush

Administration Agreement cancelled: Going concern transfer?

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Secret balloting issue: Strike action interdicted

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Justice finally achieved: Reinstated until retirement

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Services provider agreement: Consultant or employee?

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Claiming organisational rights: Jurisdictional issues

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Awarding of costs: Apportionment between parties

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Rule 11 application: Review application discharged

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Suspended editor dismissed: Unlawful and unfair

Suspended editor dismissed:  Employees have been legally protected for nearly 40 years against unfair dismissal.  So it rather startling when it is argued on behalf of the owner of a newspaper that the editor could be summarily...

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Voluntary separation payment: Not linked to restraint

The workload of the LC is increasing with cases unrelated to ‘fairness’, such as enforcement of contractual restraints.  This case involved a pure breach of contract.  The employer invited employees to volunteer to resign...

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Derivative misconduct inferences: During violent strike

Dunlop Mixing and Technical Services (Pty) Ltd v Numsa obo Nganezi (D345/14) [2016] ZALCD 9 ; [2016] 10 BLLR 1024; (2016) ILJ 2065; [2016] JOL 35924 (11 May 2016) per Gush J. The Labour Court reviewed and set aside an award of...

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Business transfer: Application struck off roll

Daimler Fleet Management SA (Pty) Ltd v Bidvest Bank Ltd (J1189/2015) [2015] ZALCJHB 201 (6 July 2015) per Gush J. The Labour Court struck the application from the roll for lack of urgency after finding that any urgency was...

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