Category: Sidumo – reasonableness

Judicial review explained: Student disciplinary inquiry

Dart v DAC of Stellenbosch University High court explained function of judicial review and decided that because the issue of notice did not appear from either the Notice of Motion or the affidavits filed of record, the...

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Progressive discipline applied: Final warning and absence

Malimba v CCMA (Sun International) Progressive discipline applied and labour court decided that through various disciplinary warnings and the final written warning that remained valid as at the time of the infraction there was...

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Evidence completely lacking: Award set aside

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Operational requirements paramount: Adapt quickly or die

Numsa v Aveng Trident Steel Society accepts the paramount importance of operational requirements and the economic viability of enterprises and senior management is best placed to conduct the operations and one of the primary...

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Long service disregarded: Review test enforced

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Balancing competing interests: Compensate not reinstate

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Employee assistance program: Premature dismissal

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Suspension without pay: Unfair conduct compensated

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Dismissing poor performers: Valid and fair reason

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Workplace shut down: Intimidation and fair dismissal

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Commissioner misconduct considered: Reviewable ground?

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Alternative offer refused: Severance pay forfeited

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