Category: André van Niekerk

Fatal procedural breach: Consultation process

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Punitive costs proposed: Futile urgent application

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Equality Report examined: Binding effect discussed

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Disclosing previous employment: Consequences considered

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Issuing subpoenas examined: Abuse of process?

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Historical pay progression: Unprotected strike action

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Condoning lateness considered: Explanation rejected

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Bargaining refusal considered: Unit or workplace

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Qualifications not proved: Jurisdictional issues

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Selective re-employment rejected: Jurisdiction lacking

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Automatic unfairness rejected: Collective mutual interest needed

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Jurisdictional ruling considered: Mootness and review test

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