Category: Dismissal defined

Sole employer interpretation: Cachalia AJ’s 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

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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 dispute...

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Disclosing dismissal reason: Absent conciliation no jurisdiction

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Constructive dismissal test: Resignation only reasonable option

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Deemed employment: Placed workers ito LRA s198A(3)(b)(i)

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