Category: Cause: contractual breach

Gross misconduct found: Covid-19 related reality

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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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Restraints unintended consequences: Enforceable and lawful?

Value Logistics Ltd v Kuhn Restraints can have unintended consequences and high court found that what distinguishes clause 23 from a covenant in restraint of trade in an employment contract is that the employee, without being a...

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First refusal right: Part of larger package

Plattekloof RMS Boerdery (Pty) Ltd v Dahlia Investment Holdings (Pty) Ltd The high court decided that, assuming that the applicant was not in breach at the time of any of its obligations under the lease, the right of first...

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Resigning immediately analysed: Evading discipline?

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Concurrent jurisdiction considered: Unlawful employment termination?

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Internal review process: Breaching employment contract?

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Summary dismissal void: SABC materially breached contract

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Medical benefits capped: legitimate commercial rationale

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Business interruption insurance: Losses indemnified

Grassy Knoll Trading 78 CC v Guardrisk Insurance Co Ltd High Court decided that the interpretation of the insurance policy adopted in Ma-Afrika Hotels is consistent with the decision in Café Chameleon and the findings in FCA in...

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