Category: Dismissal: General

Fixed term contract: Reinstatement ordered by LAC

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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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Invalid reinstatement award: Expiry of contract

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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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CCMA jurisdiction: Cause of action determined by referral

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Right to be heard: Avoid formal disciplinary hearings

Workshop being advertised A workshop is currently being advertised for Initiators & Investigators to enable them to investigate, prepare for and present cases for ‘complainants’ at formal disciplinary hearings.  It costs...

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