Category: Dismissal: operation of law

Non-retroactivity legality principle: LRA 198B examined

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Security clearance denied: Termination of employment

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Reinstatement factors considered: Administrative action

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Retrospective reinstatement reversed: Not automatic

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Defence force termination: Automatic on criminal offence

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Majoritarianism principle highlighted: Extending agreements

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Public Service Act: Power to dismiss

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Effect of suspensive or resolutive vetting condition

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Operational requirements: Client ending service contract

Satawu obo Dube v Fidelity Supercare Cleaning Services Group (Pty) Ltd (JS 879 / 10) [2015] ZALCJHB 129 ; (2015) 36 ILJ 1923; [2015] JOL 33144  (LC) (17 April 2015) per Mosime AJ The Labour Court held that the reason for the...

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Dismissal: Operation of law not dismissal

Makade v Public Health And Social Development Sectoral Bargaining Council  (PA2/2012) [2014] ZALAC 43 (19 August 2014) per Molemela AJA [Ndlovu JA and Sutherland AJA concurring] Appeal disallowed with costs and Labour Court’s...

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Executive director: Automatic termination of employment?

“… it is accepted in labour law jurisprudence that lawfulness cannot be equated with fairness”.

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