Category: Operational process -s189A(13)

Business rescue plan: Unfair dismissal procedure?

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Voluntary separation packages: Procedurally fair

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Operational needs considered: Flexible working hours

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Determinative later conduct: No sham consultation

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Procedural fairness excluded: Mass dismissal dispute

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Indefinite duration contracts: No proof of limited duration

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Numsa participation declined: Collective consensus-seeking

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Majoritarianism policy choice: Implied duty of fair representation

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Meaningful engagement proved: Trade unions frustrated attempts

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Urgent application appealed: Labour court correctly refused relief

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Justifiable fixed-term contracts: No closed list in LRA?

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LRA 189A(13): Interpreted and applied

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