Category: Operational requirements-s189

Project based work: No absolute right to work

Farinha v Boogertman and Partners In context of project based work and bumping at senior management and professional management level the labour court mentioned  that the applicant may well have been similarly qualified and...

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Objective selection criteria: Non-appointment not unfair

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Senior management restructured: Valid fair dismissal reason

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Summary dismissal void: SABC materially breached contract

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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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Overhauling enterprise structure: Consensus on business needs?

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Operational requirements dismissal: Group or individual?

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Distribution centre closed: Unfair dismissal procedure

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Business rescue practitioners: Contemplated operational dismissals

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Selection criteria discussed: Psychometric testing considered

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Alternative offer refused: Severance pay forfeited

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Incompatibility or incapacity: Procedural unfairness compensated

Zeda Car Leasing (Pty) Ltd t/a Avis Fleet v Van Dyk Incompatibility or incapacity a valid and fair reason to dismiss but when employer contemplated dismissal based on operational requirements it was unfair not to follow a...

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