Category: Automatically unfair – s187

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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Age discrimination considered: Discriminatory unfair dismissals

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Compensation order confusing: Appeal struck off

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Insurmountable operational requirements: Changes rejected

Numsa v Aveng Trident Steel (Aveng Africa (Pty Ltd) Insurmountable operational requirements was the dominant or proximate cause or reason for the dismissals and informed all the consultations regarding the changes to the terms...

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Automatic unfairness rejected: Collective mutual interest needed

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Twin dismissal claims: Unlawfulness and unfairness

Toyota SA Motors (Pty) Ltd v Nzuza Twin dismissal claims not excluded as decided by LAC but onus of proof may differ and there is a distinction between a claim for damages, requiring the need to mitigate loss, and compensation....

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