Category: Lawfulness

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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Reinstating fixed-term contracts: Labour Court’s jurisdiction

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Decisive commercial rationality: Dismissal after transfer

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Lawful employment termination: compliance with contract

Moyo v Old Mutual Ltd Lawful employment termination confirmed by high court after considering and rejecting all the alleged breaches and decided that the abandonment of the main claim for re-instatement did not do away with the...

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Constitutional invalidity confirmed: Interests of justice

MEC: Cooperative Governance and Traditional Affairs, KwaZulu-Natal v Nkandla Local Municipality In a dispute concerning constitutional invalidity that was confirmed the Constitutional Court disallowed the appeal and decided that...

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Unenforceable rights considered: Appointments expired

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Unlawful employment termination: Reinstatement not granted

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Municipal manager reinstated: Appointment letter clear

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Unlawful contractual repudiation: Indefinite term binding

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