Category: LRA Chpt: 8a: s185-197B Dismissals

Gross misconduct found: Covid-19 related reality

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Lodging grievance considered: Not automatically unfair

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Unlawful contractual repudiation: Indefinite term binding

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Arbiter plagiarism condemned: Failure to apply mind

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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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Distrusting polygraph test: No direct evidence

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Progressive discipline applied: Final warning and absence

Malimba v CCMA (Sun International) Progressive discipline applied and labour court decided that through various disciplinary warnings and the final written warning that remained valid as at the time of the infraction there was...

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Resigning immediately analysed: Evading discipline?

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Objective selection criteria: Non-appointment not unfair

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Concurrent jurisdiction considered: Unlawful employment termination?

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Evidence completely lacking: Award set aside

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