Category: Onus of proof

Intolerable conduct or behaviour: Failure to complain

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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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Fair pay differentiation: Discrimination not proved

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Dismissal not proved: Employment not intolerable

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Capacity related dismissal: Must consider alternatives

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Rebuttable presumption explained: Diseases while working

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Unreasonable renewal expectation: Morphing of agreement?

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Employment jurisdictional issues: Unfair labour practices

NPA v Psa obo Meintjies and 55 others Employment jurisdictional issues considered by the SCA and the majority judgment concluded that “the high court did not have jurisdiction to hear the matter. It had no power or...

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Contractual breach examined: Limited damages rule

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High intolerability threshold: Reinstatement primary remedy

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Incorrectly translated post: Unfair demotion practice

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Deeming employment provision: Objective review test

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