Category: Just and equitable

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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Genuine operational requirements: Unfair procedure

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Setting aside appointments: Pragmatism and practicality

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Restraint agreement enforced: 24 months reasonable

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Suspension unlawful and invalid

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Just and equitable eviction: Community scheme

De Wet NO v G (Grove Body Corporate) In what circumstances will it be just and equitable to grant an eviction order from a unit in a sectional title community scheme and what notice has to be given? “[8]. This defence is...

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Occupation and eviction rights: Balancing interests

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Trustees instituting action: Must use Ombud service

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Retrospective reinstatement ordered: Assess independently?

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Protected disclosures considered: Automatically unfair

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Varying arbitration award: Giving effect to true meaning

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Invalid closed shop: Interim relief order granted

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