Category: Private enterprises

Reinstatement order upheld: Exceptional circumstances?

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Contemplating operational termination: Jinchuan model

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Unlawful occupation considered: Just and equitable remedy

Grobler v Phillips Unlawful occupation considered by SCA and pointed out that during the greater part of occupation the property formed part of a farm but gradually the farm became absorbed by the growth of urban developments...

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Quantifying back-pay: Material mistake

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Irregular arbitration proceedings: Facts not verified

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Reversing disciplinary sanction: Consistent fair application

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Agency shop agreement: Requirements for validity

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Dispute resolution process: Adjudication and arbitration

Sasol SA (Pty) Ltd v Murray & Roberts Ltd Dispute resolution process explained and high court confirmed that ‘the adjudicator’s decision is binding on the parties unless and until revised by the tribunal and is...

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Arbitration costs disputed: Absence of agreement

Bike Mob (Pty) Ltd v Arbitrator [Capitalgro (Pty) Ltd] Arbitration costs disputed and various interlocutory skirmishes fizzled out at the start of the hearing and both counsel agreed that the high court was only required to...

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Harassment claim rejected: Evidential onus considered

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Post-retirement benefits: Discretionary policy or practice

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Lifting corporate veil: Absence of gross abuse

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