Category: Review tests

Dismissing poor performers: Valid and fair reason

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Providing benefits considered: CCMA lacked jurisdiction

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Strike ballot requirement: Strike not unprotected

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Workplace shut down: Intimidation and fair dismissal

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Safety rules breached: Lawful instruction disobeyed

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Misappropriating company property: Abusing managerial powers

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Reciprocal contractual obligations: Duty to disclose transfer?

Maoke v Telkom (Soc) Ltd (CPIC) Reciprocal contractual obligations of trust and confidence arise impliedly and have been accepted by the SCA as part of our law and in this matter the claim should have alleged that Telkom...

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Characterise dispute correctly: Different causes of action

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Virus practice code: Mining and Covid-19

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Conflating appeal and review: Failure to review?

South Durban CEA v MEC for Economic Development, Tourism and Environmental Affairs: KZN Conflating appeal and review and SCA stated that this ‘may well have been the kind of matter, where both decisions should have been...

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Adjudication before arbitration: Reviewing incomplete proceedings

Ekurhuleni West College v Segal (Trencon Construction) Adjudication before arbitration is a speedy method of resolving disputes in the building and construction industry and what was formally known as ‘mediation’ is...

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Commissioner misconduct considered: Reviewable ground?

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