Category: Just and equitable relief

Developing common law: Paying in instalments?

MEC: Health, Gauteng Provincial Government v PN Developing common law in at least two respects considered by the constitutional court and allowed an appeal and decided that the power to develop the common law arose under...

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Incompetent nullity declaration: Hate speech claim

Solidarity v Black First Land First (BLF) SCA made an incompetent nullity declaration anfter deciding that the high court should have taken time to consider Qwelane and rendered its judgment so as to decide the case and could...

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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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