Category: Dispute Resolution (LRL 3)

Delayed disciplinary process: Inordinate delay is unfair

Stokwe v MEC: Department of Education, Eastern Cape According to the constitutional court a delayed disciplinary process could mean that senior management acted unfairly even if the reason for dismissal was valid and fair.  From...

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Required performance standards: Dismissal reason not unfair

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Reinstatement and backpay: When due and payable?

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Grounds of appeal: Absence of reasonable prospects

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Fairness implies validity: Look back and then forward

It is axiomatic that fairness implies validity because otherwise employees could be dismissed for reasons that actually have nothing to do with the enterprise itself. Click for a good example of invalidity So assuming employees...

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Alleged unlawful termination: Lack of urgency

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Property management company: Dismissal of complex manager

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Furnishing reasonable security: Staying writ and attachment

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Exemption from security: Staying writ and lifting attachment

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Internal disciplinary proceedings: Intervention strictly restricted

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Business transfer examined: Important issues considered

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Settlement agreement enforced: Public interest served

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