Tag: Reasonable

Reasonable alternative employment: Severance pay?

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Highest ethical standards: Valid dismissal reason

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Policy and principles interpreted: Binding nature?

Studenteplein v Stellenbosch University When do principles dictate when a policy is binding and how it should be interpreted and implemented particularly during a crisis such as Covid-19? “[80] On a reading together of...

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Inherent job requirements: Differentiation not discrimination

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Employment merger conditions: Specific to dismissals

Competition Commission v Coca-Cola Beverages Africa (Pty) Ltd In what manner is Commission required to act when performing oversight regarding compliance with employment merger conditions? “[61] Sight cannot be lost that...

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Access to information ordered: PAJA s 78(2)(d)(i)

Goosen-Joubert v Women4Women NPC Why was access to information ordered by the high court and what were the reasons for making that order? “[73] In my view, the applicant has made out a proper case that entitles her to the...

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Reinstatement primary remedy: Reasonably practicable?

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Privileged occasion not statement: Defamation proved

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Mutually exclusive versions: Context of sexual harassment

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Inherent Job requirements: Accommodating disability?

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Achieving legitimate purpose: Employer disputing sanction

Department of Defence v Thamaga NO Should labour court assist senior management when achieving legitimate purpose of enforcing reasonable standards of conduct and performance? “[18] This present judgment seeks to revisit...

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Linking unlawful strikers: Necessary to obtain interdict

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