Category: Impossibility of performance

Security clearance denied: Termination of employment

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Employment terminated lawfully: Fixed term conditional

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Security clearance denied: Impossibility or incapacity?

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Award deemed reasonable: Proof of employment necessary

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Impossibility of performance: Termination lawful not unfair

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Labour broker and reinstatement order

A labour broker or TES failed to contest unfair dismissal proceedings and was ordered  to reinstate two employees who had been placed at a certain workplace.  But work was no longer available at that workplace so they were paid...

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Impossible for hostages to render services

Windrush Intercontinental SA v UACC Bergshav Tankers AS (556/2015) [2016] ZASCA 199 (6 December 2016) Maya DP (Shongwe, Wallis, Dambuza JJA and Makgoka AJA concurring) The SCA allowed the appeal from the high court judgment and...

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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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