Category: Private enterprises

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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Third party misconduct: Excluded from discrimination claim

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Misappropriating company property: Abusing managerial powers

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Virus practice code: Mining and Covid-19

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Health safety measures: Covid-19 latest directive

Mainly in the interests of those who do not have direst access to the Government Gazettes this post sets out the latest Directive regarding health and safety in the workplace which also affects a small business, but not to the...

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Adjudication before arbitration: Reviewing incomplete proceedings

Ekurhuleni West College v Segal (Trencon Construction) Adjudication before arbitration is a speedy method of resolving disputes in the building and construction industry and what was formally known as ‘mediation’ is...

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Restoring land rights: Community not proved

Luhlwini Mchunu Community v Hancock Restoring land rights confined by law to persons who are a community or part of a community dispossessed of a right in land after 19 June 1913 as a result of past racially discriminatory laws...

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Eviction fatally defective: Right to reside ended?

Aquarius Platinum (SA) (Pty) v Bonene Supreme Court of Appeal held that purported eviction fatally defective in that the land owner failed to prove that the right to residence had been terminated after employment was terminated....

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