Category: Misconduct – gross

Fair procedure followed: Investigated fair reason properly

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Speedy dispute resolution: Why need for charge-sheets?

Malapalane v Glencore Operations SA (Pty) Ltd (Goedevonden Colliery) Effective and speedy dispute resolution was accepted by the LAC but there are disturbing statements in the judgment that suggest the true objective of labour...

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Corporate wood babes: Inexcusable dishonest enrichment

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Review threshold considered: Applied for gross misconduct

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Avoid technical approaches: Focus on nature of allegations

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Gross negligence explained: Departure from reasonable standard

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Breach of safety rules and insubordination justify dismissal

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Avoid chilling litigation in nascent democracy

A judge, who has been on special leave on full pay since 15 January 2007, applied to the high court for an order to have ss 8-10, 14-23 and 25-33 of the JSC Act declared inconsistent with ss 177 and 178 of the Constitution....

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Fair dismissal of shop stewards: No right to bully manager

The LAC disallowed the trade union’s appeal on behalf of two shop stewards who were summarily dismissed.  They wilfully disobeyed a lawful instruction to unlock the main gate which they had locked to pressurise management.  The...

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Delinquent directors: Constitutionality of s 162(5)(c) of the Companies Act

Gihwala and Others v Grancy Property Ltd and Others (20760/14) [2016] ZASCA 35 (24 March 2016) per Wallis JA (Lewis, Leach and Seriti JJA and Tsoka AJA concurring) Excerpts without footnotes Delinquency declarations [127]    Mr...

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