Tag: Constitution 23(1)

Reviewing private award: Wrong conclusions?

For subscribers only Whilst some judgment summaries are available to all, this judgment summary is reserved for subscribers only. If you are already a subscriber, you can login to see this judgment summary. If you cannot login,...

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Reinstatement factors considered: Administrative action

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Insurmountable operational requirements: Changes rejected

Numsa v Aveng Trident Steel (Aveng Africa (Pty Ltd) Insurmountable operational requirements was the dominant or proximate cause or reason for the dismissals and informed all the consultations regarding the changes to the terms...

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Natural justice considered: unfair labour practices

De Lange v Absa Makelaars (262/09) [2010] ZASCA 21 (23 March 2010). In a very recent unanimous decision the Supreme Court of Appeal [“SCA”] incorporated an implied or tacit term of natural justice (audi alteram...

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