Category: SOEs (State Owned Enterprises)

Apprehension of irreparable harm: Well-grounded?

E v The Health Professionals Council of SA When is there a genuine apprehension of irreparable harm that requires a court to stay an investigation into alleged unethical conduct? “[43] All of this leads me to conclude that...

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Jurisdiction to arbitrate dispute: LRA 186(2)(a) re benefits

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Wrongful defamatory statements: Impugning employee dignity

NPM v Prasa When are statements concerning employee conduct or performance made internally or externally by senior management wrongful and defamatory? “[50] The ordinary meaning of the words and the structure of the...

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Minister’s unfair conduct: Exceeding authority and powers

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Capacity related dismissal: Must consider alternatives

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Intervening impossibility absent: Obligatory contributions

Post Office Retirement Fund v SA Post Office Soc Ltd SCA rejected an argument concerning intervening impossibility of performance and upheld the appeal after deciding there were no tenable legal defences and the apparent purpose...

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Employer moved goalposts: Unfair promotion practice

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Implementing wage unilaterally: Lawfulness questioned?

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Abusing court processes: Application struck off

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Probationary period expired: Dismissal not proved

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Oral evidence ordered: Disputed settlement agreement

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Guarding consultation process: Collective agreement explained

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