Category: Dismissal: defined

Fixed term expired: Dismissal not proved

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Rebutting deeming provision: LRA s198B(5) and novation

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Operational funding challenges: Thwarted renewal expectation

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Sole employer interpretation: Cachalia AJ dissenting judgment

Assign Services (Pty) Ltd v Numsa Cachalia AJ maintains that the sole employer interpretation adopted in the majority judgment forces employees into a new relationship without their consent and on terms of employment to which...

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Status changed legally: Sole employer after 3 months

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Indefinite duration contracts: No proof of limited duration

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Dismissed by law: Overrides LRA dismissal protection

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Services provider agreement: Consultant or employee?

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Resignation not compelled: Constructive dismissal not proved

Billion Group (Pty) Ltd v NtshangaseResignation not compelled by any conduct on the part of senior management and every reasonable attempt was made to resolve performance issues.”At the very worst, his position was no more...

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Wrongful purported resignation: Impact on disciplinary procedure

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DCJ’s lone harsh dissenting judgment

 Essence In his lone harsh dissenting judgment the DCJ suggests that new law has been made if the basis of the majority judgment’s conclusion is that the Labour Court had jurisdiction because  the constructive dismissal...

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Disclosing dismissal reason: Absent conciliation no jurisdiction

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