Category: Suzanna Harvey

Operational requirements dismissal: Unfair substance & procedure?

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Contempt proceedings enforced: Waiving enforcement right?

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Breaching employment contract: Employment restored

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Restraining non-compliant strike: sec 68(2) of LRA

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Complying with Employment Law: Interim protective relief

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Fair labour practices: Benefit lawful but unfair?

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Retrenchment consultation process: LRA sec 189A(13)

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Transferring business considered: Cause of action lacking

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Legal advice privilege: Application to strike out

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Reliance on hearsay evidence: Reviewable error

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Arbitrator misconduct considered: Rescission application pending

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Constructive dismissal analysed: Salary reduced

Westcor SA (Pty) Ltd v TM Is a constructive dismissal inherently unfair and if not how must the facts be analysed and who bears the onus of proof? “[26] A ‘constructive dismissal’ occurs when the employee resigns because...

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