Category: Organs of state

Interrupting prescription considered: Contempt not proved

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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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Reinstating fixed-term contracts: Labour Court’s jurisdiction

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Unlawful pay deductions: Coupled with invalid dismissal

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Deemed dismissal requirements: Automatic reinstatement

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Assessing inordinate delay: Stringent test applied

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Resignation unilateral act: Consensual withdrawal required

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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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Translating grade posts: Relevant experience considered

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Viable alternative remedy: Interdict application refused

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Unlawful collective agreement: Unenforceable as invalid

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Fair pay differentiation: Discrimination not proved

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