Category: Kate Savage

Unreasonable renewal expectation: Employer’s appeal upheld

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Collective misconduct reconsidered: Intended harm proved

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Deemed appeal withdrawal: Reinstatement refused

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Objective selection criteria: Non-appointment not unfair

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Important mitigating factors: Principle of progressive discipline

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Senior management restructured: Valid fair dismissal reason

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Discretionary benefit assessed: Scare skills purpose

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Subpoena duces tecum: Derived from LRA s142(1)(b)

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Reinstating withdrawn review: Business rescue context

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Maternity leave discrimination: Alternative position denied

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Alternative offer refused: Severance pay forfeited

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Conflicting medical certificates: Capacity related dismissal

Parexel International (Pty) Ltd v Chakane NO Conflicting medical certificates provided by different medical practitioners and the absence of any indication of when the employee would return to work meant that after 9 months...

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