Category: Constructive

Preliminary jurisdictional issues: Claims prescribed?

B v Defence and Military Veterans Labour court decided preliminary jurisdictional issues and confirmed that if the respondents had raised the provisions of the Institution of Legal Proceedings Act the applicant could then have...

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Constructive dismissal dispute: Interim relief refused

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Performance incentive bonus: Remuneration or benefit?

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Intolerability high threshold: Breaking point reached?

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Intolerable continued employment: Leave to appeal refused

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Intolerable continued employment: Queen bee syndrome

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Proving constructive dismissal: Measure of last resort

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Getting your way: Constructive dismissal not proved

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Continued employment tolerable: Dismissal not constructive

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Resignation not compelled: Constructive dismissal not proved

Billion Group (Pty) Ltd v Ntshangase Resignation not compelled by any conduct on the part of senior management and every reasonable attempt was made to resolve performance issues. The labour court applied the objective review...

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Conciliation proceedings discussed: Privilege confidentiality

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DCJ’s lone harsh dissenting judgment

 Essence In his lone harsh dissenting judgment the DCJ suggests that new law has been made if the basis of the majority judgment’s conclusion is that the Labour Court had jurisdiction because  the constructive dismissal...

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