Category: Substantial reason-other

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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Service level agreement: Contrasted with labour broking

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Disrupting disciplinary inquiry: Valid and fair reason to dismiss

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Incompatibility considered explained: Valid reason but unfair

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Automatically unfair dismissal: Foreign nationals refused access

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Minority employees subservient: Majority union will

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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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Derivative misconduct: Suspicion and unfair reason

Western Platinum Refinery Ltd v Hlebela (JA32/2014) [2015] ZALAC 20; [2015] 9 BLLR 940; (2015) 36 ILJ 2280 (LAC) (3 June 2015) per Sutherland JA [Landman JA and Mngqubisa-Thusi AJA concurring] The Labour Appeal Court correctly...

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Operational requirements: Client ending service contract

Satawu obo Dube v Fidelity Supercare Cleaning Services Group (Pty) Ltd (JS 879 / 10) [2015] ZALCJHB 129 ; (2015) 36 ILJ 1923; [2015] JOL 33144  (LC) (17 April 2015) per Mosime AJ The Labour Court held that the reason for the...

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Protected legal opinion: Disclosure to outsider

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Practice code dismissal: Failure to comply

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Fair dealing implied: Employment terms?

On 15 February 2010 Wallis AJA delivered a landmark judgment in SA Maritime Safety Authority (SAMSA) v McKenzie; [2010] 5 BLLR 488 ; (2010) ILJ 529 (SCA) (17/09) [2010] ZASCA 2. Multiple causes of action based on the termination...

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