Category: Mining

Procedural fairness excluded: Mass dismissal dispute

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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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Numsa participation declined: Collective consensus-seeking

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Review threshold considered: Applied for gross misconduct

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Majoritarianism policy choice: Implied duty of fair representation

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Most reasonable inference: Arbiter misconceiving issue

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Unacceptable racist language: ConCourt decides issues

Sibanye Rustenburg Platinum Mines (Pty) Ltd v Saewa obo Bester This judgment of the Constitutional Court concerning unacceptable racist language is significant because it explains what comments are regarded as racist or not and...

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Unlawful administrative action: Not applicable in private sector

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Overly technical approach: Evidence of valid and fair dismissal

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