Category: Automatically unfair – s187

Normal retirement age: Fair dismissal ito LRA s187(2)(b)?

Solidarity obo Strydom v State Information Technology Agency SOC Ltd With regard to a normal or agreed retirement age how can an exception or proviso ever cancel out a constitutional right not to be discriminated against solely...

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Protected disclosures considered: Automatically unfair

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Decisive commercial rationality: Dismissal after transfer

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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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Determining true cause: Misconduct not union activities

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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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