Category: Private enterprises

Gross misconduct found: Covid-19 related reality

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Athlete spectator collision: Keep proper lookout

Salie v Western Province Athletics In resolving a claim by a spectator against an athlete involving a collision during a race the high court decided that knowing that a race was underway it could reasonably have been anticipated...

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Project based work: No absolute right to work

Farinha v Boogertman and Partners In context of project based work and bumping at senior management and professional management level the labour court mentioned  that the applicant may well have been similarly qualified and...

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Distrusting polygraph test: No direct evidence

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Progressive discipline applied: Final warning and absence

Malimba v CCMA (Sun International) Progressive discipline applied and labour court decided that through various disciplinary warnings and the final written warning that remained valid as at the time of the infraction there was...

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Employer deregistration explained: Absence of jurisdiction

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Restraints unintended consequences: Enforceable and lawful?

Value Logistics Ltd v Kuhn Restraints can have unintended consequences and high court found that what distinguishes clause 23 from a covenant in restraint of trade in an employment contract is that the employee, without being a...

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First refusal right: Part of larger package

Plattekloof RMS Boerdery (Pty) Ltd v Dahlia Investment Holdings (Pty) Ltd The high court decided that, assuming that the applicant was not in breach at the time of any of its obligations under the lease, the right of first...

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Objective selection criteria: Non-appointment not unfair

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Arbitration award binding: Right to be wrong

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Free expression examined: No absolute constitutional rights

Economic Freedom Fighters v Minister of Justice and Correctional Services Constitutional Court examined free expression and emphasised that a less restrictive means of proscribing constitutionally objectionable incitement is the...

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Date dispute arises: Ongoing cause of action

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