Category: Capability or capacity

Employee assistance program: Premature dismissal

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Mental health illness: Depression and discrimination

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Security clearance denied: Termination of employment

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Injury related dismissal: Valid and fair reason

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Security clearance denied: Impossibility or incapacity?

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Justice finally achieved: Reinstated until retirement

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Falsifying payroll data: Demotion not dismissal

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Inferred blame accepted: Evidence supported reason

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Helping hand notion: Questioned by the Labour Court

 Essence Suggested that if the helping hand notion has been accepted it ought to be jettisoned and it matters not if a commissioner fails to raise a helping hand and yet arrives at a reasonable conclusion. ...

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Temporary incapacity guidelines: Duty of reasonable accommodation

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Facial cosmetic impairment discrimination: Damages and compensation

S v Kit Kat Group (Pty) Ltd (JS787/14) [2016] ZALCJHB 362 ; [2016] 12 BLLR 1239 ; (2017) ILJ 483 (23 September 2016) per S Snyman AJ and refused leave to appeal on 2 December 2016. The LC held that the employer had discriminated...

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Security clearance: Valid and fair reason to dismiss

Armaments Corporation of SA (Soc) Ltd v CCMA (JR1961/13; JR1510/13) [2016] ZALCJHB 14 (20 January 2016) per Whitcher J. On review the Labour Court upheld the reason for dismissal as being valid and fair.  The reason related to...

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