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

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Sleeping on duty: Video footage produced

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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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Reasonable expectation: PSA trumped by LRA s186(1)(b)(ii)

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CCMA jurisdiction: Cause of action determined by referral

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Fixed-term: No reasonable renewal expectation

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Legal effect resignation: When does employment end?

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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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Resignation under scrutiny: Potential shades of grey

Wallis AJ (Cameron J and Van der Westhuizen J concurring) in Toyota SA Motors (Pty) Ltd v CCMA    (CCT228/14) [2015] ZACC 40 ; [2016] 3 BLLR 217 ; (2016) ILJ 313 (15 December  2015) at paras [200] – [209] inclusive:...

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Review jurisdiction: Proof of employment

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