Tag: Conventional Penalties Act

Penalty stipulation enforced: Moderated and reduced

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Unlawful penalty stipulation: Deduction from agent’s commission

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Restoring unrestricted access: Deactivating biometric access

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Conventional penalty explained: Employer denied damages claim

LC Summary: Application for the payment of damages arising from breach of contract and recovery of agreed training costs;  Application launched under s 77(3) of the BCEA; First part of the claim based on failure to serve notice...

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Contractual damages awarded: Traffic controller retention scheme

Air Traffic and Navigation Services Company v Esterhuizen (668/2013) [2014] ZASCA 138; [2014] JOL 32338 (SCA) (25 September 2014) per Theron JA (Lewis, Tshiqi and Wallis JJA and Fourie AJA concurring) Contractual damages: In...

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