Category: Private enterprises

Outsourcing functions considered: No going concern

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Long service disregarded: Review test enforced

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Appointing facilitator considered: CCMA and consultation

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Employee assistance program: Premature dismissal

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Holistic approach adopted: Balancing interests

A G v L G High Court adopted a holistic approach in exercising a discretion when considering the approach to the husband contributing to the costs but cautioned that an equality of arms must be ‘balanced with maintaining...

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Appeal outcome disputed: Interpretation of contract

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Occupier defined explained: Clash – ESTA and PIE

Droomer NO v Snyders Full bench considered the jurisdictional issues and the possible conflict and overlapping caused by the provisions of the PIE Act and ESTA and  respondents only qualified as ‘occupiers’ if their occupation...

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Dismissing poor performers: Valid and fair reason

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Negative obligation imposed: Right to basic education

AB v Pridwin Preparatory School Negative obligation imposed and new rule developing the common law under section 8(3)(a) of the Constitution, that was non-existent  under the common law or in terms of any prior legislation, by...

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Public policy grounds: Contract – Froneman J dissent

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Virtual consultation process: Procedural unfairness?

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Safety rules breached: Lawful instruction disobeyed

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