Category: CJ Musi

Ignored three ultimata: Fair dismissal of strikers

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Charged convicted dismissed: Disputed settlement agreement

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Majoritarianism policy choice: Implied duty of fair representation

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Forceful consensus seeking: Right to strike

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Pilot retirement age: Normal retirement age?

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Sidumo test explained: Fairness of employer’s decision

Dorrainn Bailiff Investments (Pty) Ltd v CCMA (JR86/2011, JA8/2015) [2016] ZALAC 20 (26 May 2016) per CJ Musi JA [Waglay JP and Murphy AJA concurring] The Labour Appeal Court (LAC) found that the reason for the dismissal was...

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Unreasonable award: Absence of a factual plinth

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