Category: Holistic evaluation

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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Assessing mental health: Context of constructive dismissal

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Binding collective agreement: Workplace or bargaining unit?

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Capacity related dismissal: Must consider alternatives

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Good faith duty: Moonlighting employee

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Unprotected personal information: Expression and privacy

Smuts v Botha The issue concerned unprotected personal information and SCA allowed the appeal and decided that personal information was in the public domain before the posts were published and ownership of the farm was a matter...

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Dispensing with hearing: Lawfully discharged

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Compulsory arbitration agreement: compliance required

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Disputed arbitration agreement: Adopt robust approach

Canton Trading 17 (Pty) Ltd t/a Cube Architects v Fanti Bekker Hattingh NO Disputed arbitration agreement considered by SCA and decided to refer the matter back to the high court based on the following: “However, where the...

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Pure economic loss: Legal Practice Council liability?

Legal Practice Council v Louw In considering a claim for pure economic loss the high court decided that on the issue of wrongfulness there were no public or legal policy considerations that dictated that the Legal Practice...

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Restructuring operations accepted: Correct selection criteria?

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Absolution from instance: Test to be applied

NJ v Minister of Justice and Correctional Services SCA allowed the appeal against the order granting absolution from the instance and referred to a further aspect of the evidence to which the high court did not have proper...

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