Category: Not awarded

Normal retirement age: Fair dismissal ito LRA s187(2)(b)?

Solidarity obo Strydom v State Information Technology Agency SOC Ltd With regard to a normal or agreed retirement age how can an exception or proviso ever cancel out a constitutional right not to be discriminated against solely...

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Sale not transfer agreement: LRA s197 jurisdiction lacking

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Selection criteria considered: Inclusion of transformation

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Assessing mental health: Context of constructive dismissal

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Reinstating fixed-term contracts: Labour Court’s jurisdiction

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Intolerable conduct or behaviour: Failure to complain

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Binding collective agreement: Workplace or bargaining unit?

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Land occupation issues: ESTA and PIE distinguished

Frannero Property Investments 202 (Pty) Ltd v Selapa In deciding occupation of land issues when are occupants covered by the Extension of Security of Tenure Act 62 of 1997 (ESTA)? “[24] Consistent with the basic common law...

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Respecting residential rights: ESTA and representations

Maluleke NO v Sibanyoni In the context of respecting residential rights is it just and equitable to evict an occupier of rural land without inviting representations? “[27] The failure by the Trust to provide Mr Sibanyoni...

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Fixed-term completed: Employment terminates automatically

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Awarding land ordered: Labour tenant farmworker

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Assessing inordinate delay: Stringent test applied

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