Category: Legality principle

Probationary period expired: Dismissal not proved

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Jurisdictional power lacking: Destroying CCMA ruling

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Compensating procedural unfairness: Discretionary award

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Collective agreement extended: Reviewed and set aside

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Assisting learner drivers: Ubuntu defence rejected

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Interrupting prescription considered: Debt includes award

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Concurrent jurisdiction considered: Unlawful employment termination?

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Magistrate recusing himself: Reviewed and set aside

M J Vermeulen Inc. v Engelbrecht NO The magistrate’s subjective discomfiture about continuing with the trial and recusing himself ‘did not afford a proper basis for him to recuse himself, and his decision to do so...

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Applying legality principle: Must consult over rules

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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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