Category: Statement of claim

Bargaining council chairperson: No defence to defamation

Featherby v Zulu High court held that when defendant stated that the bargaining council chairperson was ‘going out of his way to protect the dishonest’ and that he resents those who do their work with honesty and integrity he...

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Medical benefits capped: legitimate commercial rationale

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Ultimatum ensured return: Right to dismiss waived

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Contractual authority proved: Expressly or tacitly

Ezulweni Investments (Pty)Ltd v African National Congress High court decided that contractual authority was proved because the supply chain policy contains guidelines for procurement and provides for sanctions for staff who fail...

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Disposition without value: Exception and ‘value’?

Strydom NO v Snowball Wealth (Pty) Ltd Disposition without value or ‘not made for value’ interpretated by High Court in context of an exception to the pleadings and on the facts  the disposition was clearly not for...

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Penalty stipulation enforced: Moderated and reduced

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Dismissal automatically unfair: Reason related to grievance

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Outsourcing functions considered: No going concern transfer

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Unlawful penalty stipulation: Deduction from agent’s commission

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Implied retrospective effect: Back-pay included?

Saccawu v Massmart Holdings Ltd Implied retrospective effect not acceptable as a legal principle based on the authority of the Constitutional Court that if employees are reinstated they resume employment on the same terms and...

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Vicarious liability theft: Exclusionary clause?

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Jurisdictional issues considered: Leave pay declined

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