Category: Dismissal: operational requirements

Majoritarianism principle highlighted: Extending agreements

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Jurisdictional procedural challenge: Not operationally justifiable

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Performance monitoring process: Dismissal not unfair

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Compensation award reduced: Maximum unjustified

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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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Property management company: Dismissal of complex manager

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Security clearance denied: Impossibility or incapacity?

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Operational funding challenges: Thwarted renewal expectation

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Handover process considered: Employees declining assistance

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Operational needs considered: Flexible working hours

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Collective agreement extended: Complies with LRA s197(6)

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Determinative later conduct: No sham consultation

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