Category: AA Landman

Debt includes practice: Prescription Act applies to labour practices

Motsoaledi (Health department) v Mabuza Debt includes practice and so the Prescription Act applies to alleged unfair labour practices and application to council to certify award does not interrupt prescription. “The...

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Neutral selection criteria: Apply LIFO with skills and experience

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Poor work performance: Confusion split LAC decision

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Valid operational reasons: overlapping fairness rights

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Rescission application: Award overturned on appeal

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Reviewing misconduct: Arbiter arriving late for hearing

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Valid or void dismissal: Remedying void dismissal

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Retaining skills: Operational requirements trumps LIFO

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Dismissal reason unfair: LC misapprehension?

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Meeting peformance targets: poor performance or misconduct?

Damelin (Pty) Ltd v Solidarity obo Parkinson (JA48/15) [2017] ZALAC 6 ; [2017] 7 BLLR 672; (2017) ILJ 872 (LAC)(10 January 2017) per Landman JA (Tlaletsi DJP and Coppin JA concurring) The LAC disallowed the employer’s appeal...

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Promotion tested rationally: Trumps possible unfairness

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