Category: Dismissal: general

Majoritarianism principle discussed: Fundamental rights

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Implied automatic clause: Fixed-term contract?

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Individual rights examined: LRA s187(1)(c) discussed

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Retirement age dispute: Revised employment contract

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Setting aside settlement: Dismissal of municipal manager

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Ongoing employment relationship: Trust and confidence

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Insurmountable operational requirements: Changes rejected

Numsa v Aveng Trident Steel (Aveng Africa (Pty Ltd) Insurmountable operational requirements was the dominant or proximate cause or reason for the dismissals and informed all the consultations regarding the changes to the terms...

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Qualifications not proved: Jurisdictional issues

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Selective re-employment rejected: Jurisdiction lacking

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Arrear wages payable: From date of business transfer

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Triangular relationship considered: Deeming provision

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Fairness implies validity: Look back and then forward

It is axiomatic that fairness implies validity because otherwise employees could be dismissed for reasons that actually have nothing to do with the enterprise itself. Click for a good example of invalidity So assuming employees...

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