Category: Lawfulness & fairness

Unprotected strike action: Defective strike notice

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Disputed settlement agreement: Genuine factual dispute?

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Binding separation agreements: Probabilities before credibility

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Disgorging secret profits: Secondment agreements

RFS Administrator v SLS and others What are legal requirements when claim relates to disgorging secret profits and what is effect of secondment agreement? “[62] In order to succeed with its claim for disgorgement of...

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Reinstating procurement officer: Invalid reason to dismiss

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Seeking specific performance: Exercising discretion?

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Legitimate operational response: Trust relationship destroyed

Amcu v CCMA (Assmang – Blackrock Mine) When is dismissal related to conduct a legitimate operational response and a valid and fair reason to terminate services of employee with long service?  [57] There can thus be little doubt...

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Wrong findings reasonable result: Maximum compensation awarded

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Affording right to respond: Moot and academic

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Interpreting (in)capacity and (mis)conduct: LRA and ILO Convention 158

ChatGPT ‘executive’ summary The provided text discusses the concept of probationary periods for employees and the legal considerations related to dismissals during this period. It draws comparisons between South...

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Unreasonable restraint enforcement: Protecting proprietary interest?

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Jurisdictional issues considered: Another hopeless case

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