Category: Selected judges

Genuine operational requirements: Alternative postings offered

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Legitimate operational response: Trust relationship destroyed

Amcu v CCMA (Assmang – Blackrock Mine) When is dismissal related to conduct a legitimate operational response and a valid and fair reason to terminate services of employee with long service?  [57] There can thus be little doubt...

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Punitive costs awarded: Jurisdiction lacking

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Effect of early retirement: Contract not terminated

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Disclosure of personal records: Need to redact?

Montrose Mews Body Corporate v Moela NO Does PAIA apply to application by BC member ito Management Rule 26(2) for disclosure of personal records? “22 In sum, it would be truly perverse to encumber specific statutory rights...

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Reinstatement primary remedy: Valid and fair reason?

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Reviewing jurisdictional issues: Award set aside

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Varying assessment tariff: split decision re condonation

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Reinstated with limited backpay: Refusal to relocate

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Restraint agreement enforced: Potential impending harm

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Shortlisting applicants considered: Failure to promote

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Commission bonus considered: Amendment not agreed

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