Category: Private enterprises

Common law development: Good faith negotiations?

Glowing Rooms (Pty) Ltd v Levin NO (Woodlands Trust) Have ‘good faith’ and ‘fairness’ been elevated to substantive rules in ongoing development of common law? “[23] In our present contractual...

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Legitimate operational response: Trust relationship destroyed

Amcu v CCMA (Assmang – Blackrock Mine) When is dismissal related to conduct a legitimate operational response and a valid and fair reason to terminate services of employee with long service?  [57] There can thus be little doubt...

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Reviewing private arbitration award: Curtailed review powers

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Political protest action: Labour court lacks jurisdiction

CCI SA (Pty) Ltd v ANC Youth League How to determine jurisdiction and whether trade union or strike action was involved or simply political protest action? “[28] What is different in this matter is that as much as the...

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Reinstatement primary remedy: Valid and fair reason?

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Bumping onerous and unreasonable: Fair reason to dismiss

Sactwu obo members v Fyvie NO When is bumping onerous and unreasonable in context of different farming operations requiring special skills? “44. In my view the decision of the Applicants to ‘retrench’ only the...

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Reviewing jurisdictional issues: Award set aside

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Varying assessment tariff: split decision re condonation

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Reinstated with limited backpay: Refusal to relocate

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Restraint agreement enforced: Potential impending harm

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Constructive dismissal examined: Covid-related issues

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Commission bonus considered: Amendment not agreed

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