Category: Cause: contractual breach

Dispute resolution process: Adjudication and arbitration

Sasol SA (Pty) Ltd v Murray & Roberts Ltd Dispute resolution process explained and high court confirmed that ‘the adjudicator’s decision is binding on the parties unless and until revised by the tribunal and is...

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Probationary period expired: Dismissal not proved

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Interpreting contracts holistically: Text context purpose

University of Johannesburg v Auckland Park Theological Seminary In confirming that the process of interpreting contracts must be done holistically the constitutional court repeated that ‘the inquiry into delectus personae...

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Repudiating insurance contract: Death not covered

Discovery Life Ltd v Hogan Cancelling debit order to pay premium construed by SCA as repudiating insurance contract and insurer cancelled the cover and was no longer on risk and held that insurer was ‘oblivious to the fact...

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Appealing restraint order: Unacceptable grounds

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Performance incentive bonus: Remuneration or benefit?

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Settling disputes finally: Special plea upheld

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Gross misconduct found: Covid-19 related reality

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Tax directive considered: No severance benefits

T v Exclusive Books Group (Pty) Ltd Tax directive considered by high court and decided that employment was not terminated because of reaching 55 years of age and therefore his receipt of the money had nothing to do with his age...

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Unlawful contractual repudiation: Indefinite term binding

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Project based work: No absolute right to work

Farinha v Boogertman and Partners In context of project based work and bumping at senior management and professional management level the labour court mentioned  that the applicant may well have been similarly qualified and...

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