Category: Disallowed

Substantially fair terminations: Bumping and selection criteria

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Exceptional circumstances considered: Proviso effect explained

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Refusing rescission judicially: Lack of merits

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Damage during protected strike: Just and equitable compensation?

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Disputed settlement agreement: Genuine factual dispute?

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Threatening fellow employees: Reliance on polygraph test?

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Flouting important rules: Head of prison

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Disgorging secret profits: Secondment agreements

RFS Administrator v SLS and others What are legal requirements when claim relates to disgorging secret profits and what is effect of secondment agreement? “[62] In order to succeed with its claim for disgorgement of...

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Common law development: Good faith negotiations?

Glowing Rooms (Pty) Ltd v Levin NO (Woodlands Trust) Have ‘good faith’ and ‘fairness’ been elevated to substantive rules in ongoing development of common law? “[23] In our present contractual...

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Reinstating procurement officer: Invalid reason to dismiss

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Seeking specific performance: Exercising discretion?

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Punitive costs awarded: True nature of discretion

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