Category: Automatically unfair – s187

Real dismissal reason: Duty of court to determine

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Reconciling labour statutes: Age discrimination

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Lodging grievance considered: Not automatically unfair

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Operational requirements paramount: Adapt quickly or die

Numsa v Aveng Trident Steel Society accepts the paramount importance of operational requirements and the economic viability of enterprises and senior management is best placed to conduct the operations and one of the primary...

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Dismissal automatically unfair: Reason related to grievance

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Mental health illness: Depression and discrimination

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Sexual orientation discrimination: Unlawful labour practice

Bostock v. Clayton County Whilst the doctrine of ’employment at will’ ( see also ‘just because’) prevails in the USA (and in some parts of Canada) it is an unlawful labour practice in terms of the Civil...

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Dismissal separate proceedings: Adjudicate and arbitrate

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Age discrimination proved: Twin causes of action

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Recruitment protected disclosure: Automatically unfair dismissal

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Exercising rights considered: Lodging grievance excluded

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Characterise dispute correctly: Different causes of action

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