Tag: notice pay

Impossibility of performance: Termination lawful not unfair

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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Dismissing without notice: Summary termination

The LC granted damages in an amount equal to unpaid notice pay plus interest and costs.  In contractual terms a summary termination is lawful if and only if the employee engages in conduct that amounts to a repudiation of...

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BCEA s74(2) changes: fair reason & fault

It is suggested the arbitrators and Labour Court judges will have to adopt similar principles to those adopted by judges dealing with contested divorces. Whilst ‘fault’ is no longer a requirement for a divorce it is relevant when deciding who gets what after the divorce.

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