Category: Conduct & capability

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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Reinstatement primary remedy: Valid and fair reason?

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Operational risk management: Dismissal a sensible response

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Operational risk management: Dismissal a sensible response

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Violent gross misconduct: Trust completely destroyed

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Confession acceptable evidence: Made freely and voluntarily

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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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Terminating employment contracts: ILO Convention 158 & Experts Committee

Note on Convention No. 158 and Recommendation No. 166 concerning termination of employment Contents Preface. 1 Part I. Content of Convention No. 158 and Recommendation No. 166. 1 Definitions and concepts. 1 Termination. 1...

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Unreasonable restraint enforcement: Protecting proprietary interest?

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Jurisdictional issues considered: Another hopeless case

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Reviewing jurisdictional ruling: Expiry of fixed term contract

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