Category: Just and equitable relief

Protecting judicial independence: Issue of gross misconduct

Freedom Under Law v Motata In dealing with protecting judicial independence the high court explained that definition of ‘service’ buttressed the underlying rationale that retirement cannot lead to loss by retired...

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Just and equitable: Meaning in different contexts

Dawson v Sidney on Vaal CPA Without reaching a decision or making a finding the high court pointed out that the applicant had failed to establish that it would be just and equitable to place the first respondent under the...

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Accessing preserved evidence: Instituting legal proceedings

Cell C Ltd v MA Accessing preserved evidence allows a former employer to obtain the necessary evidence and proof to institute legal action against former employees who colluded in causing substantial prejudice to the employer...

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Penalty stipulation enforced: Moderated and reduced

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Gender discrimination considered: Female comparator

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Appointing facilitator considered: CCMA and consultation

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Distribution centre closed: Unfair dismissal procedure

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Suspension without pay: Unfair conduct compensated

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Incompatibility or incapacity: Procedural unfairness compensated

Zeda Car Leasing (Pty) Ltd t/a Avis Fleet v Van Dyk Incompatibility or incapacity a valid and fair reason to dismiss but when employer contemplated dismissal based on operational requirements it was unfair not to follow a...

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Counterclaim damages awarded: Unprotected strike

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Unusual costs order: Successful legal practitioner

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Strikers denied compensation: Dismissal procedure unfair

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