
Legitimate protectable interest: Enforcing restraint?
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Renewing fixed-term contracts: Interim relief granted
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Abusing managerial power: Examples
Examples of managers abusing their power when disciplining or terminating employees. 1. Unfair Targeting Example: A manager consistently singles out an employee for minor infractions, such as being a few minutes late, while ignoring the same behavior in other...
Danger of charging employees: Many potential legal claims?
Is there not a danger that employees will claim damages from employers who prefer 'charges' against them before termination when employees have not engaged in any actual criminal activity? Yes, there is a significant danger that employees could claim damages if an...
Danger of charging employees: Defamation risks
Danger of charging employees: Defamation risks It is inappropriate for employers to "charge" employees for unbecoming conduct that "reeks of criminality" but lacks a legal or factual basis for criminality because doing so can lead to serious ethical, legal, and...
Offence or conduct unbecoming: Explanation and application
The terms offence and unbecoming conduct are often used in workplace settings to describe inappropriate behavior, but they differ in their nature, context, and consequences. Here's a breakdown: 1. Definition Offence Refers to a specific violation of rules, policies,...
Paying performance bonus: Failure not unfair practice
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Incarceration or fining contempt: Disclosure ruling compliance?
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Summary termination of employment: “Cause recognised by law”
In context of terminating employment contracts what is regarded as a cause recognised by law [BCEA s 37(6)(b)] as sufficient to deprive employees of statutory, agreed or reasonable notice of termination or payment in lieu thereof? Summary The misconduct must be of...
Disconnecting power supply: Outstanding levies
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