Category: Just and equitable relief

Unprotected underground sit-in: dismissals inappropriate

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Disproportionate pay differentiation: Remedial action

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Trust relationship impacted: Valid but unfair reason

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Impractical reinstatement considered: Compensation increased

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Alleged oral agreement: Non-variance clause interpreted

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Unsuccessful damages claim: Unprotected strike action

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Legality principle examined: Comparing PAJA reviews

Buffalo City Metropolitan Municipality v Asla Construction (Pty) Ltd Legality principle examined and dissenting judgment deals in some detail why it cannot agree with everything stated in the majority judgment. “In...

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Legality principle examined: Self-help and self-review

Buffalo City Metropolitan Municipality v Asla Construction (Pty) Ltd Legality principle examined and majority overlooked unreasonable delay and declared contract as contrary to public policy. “The fourth principle stems...

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Compensation award reduced: Maximum unjustified

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Fair costs orders: Rule of practice changed?

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Land tenure rights: Violation of women’s rights

Rahube v Rahube Upgrading land tenure rights considered in great detail and this is a significant judgment concerning the constitutional right to equality and the crafting of just and equitable relief. “The oppression that...

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Discretionary costs award: Unreasonable objection to amendment

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