Category: Bill of Rights

Normal retirement age: Fair dismissal ito LRA s187(2)(b)?

Solidarity obo Strydom v State Information Technology Agency SOC Ltd With regard to a normal or agreed retirement age how can an exception or proviso ever cancel out a constitutional right not to be discriminated against solely...

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Assessing mental health: Context of constructive dismissal

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Land occupation issues: ESTA and PIE distinguished

Frannero Property Investments 202 (Pty) Ltd v Selapa In deciding occupation of land issues when are occupants covered by the Extension of Security of Tenure Act 62 of 1997 (ESTA)? “[24] Consistent with the basic common law...

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Respecting residential rights: ESTA and representations

Maluleke NO v Sibanyoni In the context of respecting residential rights is it just and equitable to evict an occupier of rural land without inviting representations? “[27] The failure by the Trust to provide Mr Sibanyoni...

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Protected disclosures considered: Automatically unfair

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Precautionary suspension upheld: Rational lawful decision

Motau v Minister of Health When is it rational and lawful to suspend a senior executive as a precaution against the risk of possible harm to the enterprise? “[32] It is common cause that the First Respondent is an organ of...

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Operational needs paramount: Lawful admission policy

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Invalid unlawful provision: Clause violated rights?

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Declaring strike unlawful: Absence of necessary averments

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Linking unlawful strikers: Necessary to obtain interdict

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Unlawful collective agreement: Unenforceable as invalid

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