Category: Common Law

Farm eviction ordered: Balance of convenience requirement

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Deemed desertion policy: Switching onus of proof?

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Nine important questions: Answers and confusions

From time to time we receive general questions and the answers should assist in resolving some common misperceptions about the practical application of labour law. It often happens that unwary senior managers agree to ‘demands’...

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Interest on compensation: Date of commencement?

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Fixed term cancelled: Lawfully on contractual notice

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Constitutional invalidity confirmed: Minority judgment concerning nullity

Corruption Watch NPC v President RSA Constitutional invalidity confirmed and set aside Shaun Abrahams’s appointment as national director of public prosecutions (NDPP)  as it would not be “just and equitable” for him to remain in...

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Constitutional invalidity confirmed: NDPP appointment set aside

Corruption Watch NPC v President RSA Constitutional invalidity confirmed and set aside Shaun Abrahams’s appointment as national director of public prosecutions (NDPP)  as it would not be “just and equitable” for him to remain in...

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Sole employer interpretation: Cachalia AJ’s dissenting judgment

Assign Services (Pty) Ltd v Numsa Cachalia AJ maintains that the sole employer interpretation adopted in the majority judgment forces employees into a new relationship without their consent and on terms of employment to which...

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Status changed legally: Sole employer after 3 months

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