Category: Holistic evaluation

Senior management restructured: Valid fair dismissal reason

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Unprotected strikers dismissed: Valid and fair reason

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Alcohol consumption detected: Fairness principles applied

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Evidenced approached piecemeal: Rejection of parts

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Common purpose convictions: Cross-examination discussed

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Condoning non-compliance: No good and sufficient cause

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Changing retirement age: Deemed consent by conduct

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Consistency factor explained: Element not a rule

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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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Docile victim conduct: Trust irretrievably broken

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Plascon-Evans rule: Factual disputes in motion proceedings

 Essence Plascon-Evans rule and disputes of fact in motion proceedings  Decision Plascon-Evans Paints (TVL) Ltd. v Van Riebeck Paints (Pty) Ltd.(53/84)¬†[1984] ZASCA 51; [1984] 2 All SA 366 (A); 1984 (3) SA 623;...

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