Category: Statutory

Genuine operational requirements: Alternative postings offered

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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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Disclosure of personal records: Need to redact?

Montrose Mews Body Corporate v Moela NO Does PAIA apply to application by BC member ito Management Rule 26(2) for disclosure of personal records? “22 In sum, it would be truly perverse to encumber specific statutory rights...

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Political protest action: Labour court lacks jurisdiction

CCI SA (Pty) Ltd v ANC Youth League How to determine jurisdiction and whether trade union or strike action was involved or simply political protest action? “[28] What is different in this matter is that as much as the...

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Reinstatement primary remedy: Valid and fair reason?

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Bumping onerous and unreasonable: Fair reason to dismiss

Sactwu obo members v Fyvie NO When is bumping onerous and unreasonable in context of different farming operations requiring special skills? “44. In my view the decision of the Applicants to ‘retrench’ only the...

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Reviewing jurisdictional issues: Award set aside

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Discriminatory hate speech: Hurtful harassment

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Varying assessment tariff: split decision re condonation

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Reinstated with limited backpay: Refusal to relocate

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