Category: Central

Unlawful dismissal challenge: LC jurisdiction lacking

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Promotion after reinstatement: Issue estoppel and fairness

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Apprehension of irreparable harm: Well-grounded?

E v The Health Professionals Council of SA When is there a genuine apprehension of irreparable harm that requires a court to stay an investigation into alleged unethical conduct? “[43] All of this leads me to conclude that...

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Direct access allowed: ConCourt order lacks clarity?

┬áMinister of Finance v Sakeliga NPC (fka Afribusiness NPC) Constitutional court allowed direct access to consider application to vary earlier order but what does ‘execution’ mean? [13] Plainly, execution of a...

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Interrupting prescription considered: Contempt not proved

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Reinstatement primary remedy: Not reasonably practicable?

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Normal retirement age: Fair dismissal ito LRA s187(2)(b)?

Solidarity obo Strydom v State Information Technology Agency SOC Ltd With regard to a normal or agreed retirement age how can an exception or proviso ever cancel out a constitutional right not to be discriminated against solely...

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Unlawful pay deductions: Coupled with invalid dismissal

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Achieving legitimate purpose: Employer disputing sanction

Department of Defence v Thamaga NO Should labour court assist senior management when achieving legitimate purpose of enforcing reasonable standards of conduct and performance? “[18] This present judgment seeks to revisit...

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Precautionary suspension upheld: Rational lawful decision

Motau v Minister of Health When is it rational and lawful to suspend a senior executive as a precaution against the risk of possible harm to the enterprise? “[32] It is common cause that the First Respondent is an organ of...

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Refunding contributions considered: Disallowed appeal

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Viable alternative remedy: Interdict application refused

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