Category: Labour Relations Act, 1995

Accrued leave pay: Policy not providing for forfeiture

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Inferred blame accepted: Evidence supported reason

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Sole employer interpretation: Cachalia AJ’s dissenting judgment

Joni v Kei fresh Produce Market Fixed term cancelled lawfully because the contract contained a clause to that effect otherwise it could not have been cancelled unless there was a material breach of contract.  So it is important...

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Status changed legally: Sole employer after 3 months

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Higher fiduciary standard: Conduct severely damaging trust

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Ignored three ultimata: Fair dismissal of strikers proved

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Attending career session: Refusal to interdict

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Duty to disclose: Need to balance interests

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Duty to speak: Deliberately concealing knowledge

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Derivative misconduct considered: Complex concept examined

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Selection criteria redundancy: Unfair reason to dismiss

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Indefinite duration contracts: No proof of limited duration

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