Category: Contractual breach

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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Effect of early retirement: Contract not terminated

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Restraint agreement enforced: Potential impending harm

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Contravening HOA rules: Severe penalty imposed

Silver Lakes Homeowners Association v CJL When considering issue of contravening HOA rules must adjudicator play an active role in actual process? “[21] I turn finally to the conclusion made by the adjudicator that the...

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Constructive dismissal examined: Covid-related issues

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Commission bonus considered: Amendment not agreed

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Disputed severance pay: Fixed-term contracts?

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Operational risk management: Dismissal a sensible response

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Operational risk management: Dismissal a sensible response

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Disputed employment relationship: Clerk of Works

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