Category: Dismissal: General

Arrear wages payable: From date of business transfer

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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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Denial of reinstatement: Improper exercise of discretion

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Sidumo test explained: Decide fairness of employer’s decision

The Labour Appeal Court (LAC) found that the reason for the dismissal was valid and fair and allowed the employer’s appeal, overturned the judgment of Manchu AJ in the Labour Court and set aside the arbitral award.  Rather...

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Sidumo test restated: Avoid appeal-type standard

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