Tag: remedies

Reinstatement order reinterpreted: Jobs and salary levels

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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Valid operational reasons: overlapping fairness rights

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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Settlement agreement policy: Reviewed and set aside

The LC reviewed and set aside a settlement agreement as the arbiter’s conduct was grossly irregular by failing to act within the confines of the law and exceeding his powers and authority.  There was no proof of any ‘dismissal’...

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Affirmative action: magistrates in Equality Court

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Remedying material breaches: Contractual claims carefully considered

The Labour Appeal Court in National Electronic Media Institute of SA v Buthelezi (dated 9 July 2004, unreported case JA 19/03) disallowed an appeal from the Labour Court (per Pammenter AJ). It was a unanimous judgment (per...

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