Category: State action – s158(1)(h)

Deployment decision reviewed: Collective agreement

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Trust relationship impacted: Valid but unfair reason

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Challenging impugned decisions: LRA 158(1)(h) unreasonable delay

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Dismissed by law: Overrides LRA dismissal protection

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Disciplinary hearing reviews: LRA s 158(1)(h) considered

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Reputational damage: Specific performance ordered

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Standards of proof: Clear and convincing evidence

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Exercising public power: Review under PAJA or principle of legality

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Council dismissal resolution: Challenge as unfair not unlawful

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Legality grounds: LRA s158(1)(h) review granted

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Bypassing internal procedures: Employers forfeit control

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