Category: Mining

Applying discipline inconsistently: Dismissal not unfair

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Collective agreement extended: Complies with LRA s197(6)

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Business rescue jurisdiction: Labour court uplifting moratorium?

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Practice directives applied: Late filing of record

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Procedural fairness excluded: Mass dismissal dispute

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Failure to suspend: Evidence of breach of trust?

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Indefinite duration contracts: No proof of limited duration

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Good faith bargaining: Managerial prerogative and voluntarism

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Peace clause contravened: Strike accordingly unprotected

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Numsa participation declined: Collective consensus-seeking

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Review threshold considered: Applied for gross misconduct

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