Category: Dismissal: proof required

Aussie Uber contractors: No employment relationship

Aussie Uber contractors: According to a recent report in Accountancy Daily an Australian court has ruled that Uber drivers should be treated as contractors for tax and employment purposes and not as employees.  This is a...

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Correctness test applied: No dismissal no jurisdiction

For subscribers only Whilst some judgment summaries are available to all, this judgment summary is reserved for subscribers only. If you are already a subscriber, you can login to see this judgment summary. If you cannot login,...

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Getting your way: Constructive dismissal not proved

Solidarity obo Van Tonder v Armaments Corporation of SA (Soc) LtdGetting your way does not entitle an employee to resign and claim constructive dismissal without allowing the grievance procedure to be completed.”In our...

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Operational funding challenges: Thwarted renewal expectation

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Fixed-term: No reasonable renewal expectation

For subscribers only Whilst some judgment summaries are available to all, this judgment summary is reserved for subscribers only. If you are already a subscriber, you can login to see this judgment summary. If you cannot login,...

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Correct review test for dismissal: No expectation of renewal

The LC reviewed and upheld an award which found that the former employee had failed to prove that he was dismissed.  It was alleged that he had a reasonable expectation that his fixed-term contract would be renewed.  Relying on...

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