In context of terminating employment contracts what is regarded as a cause recognised by law [BCEA s 37(6)(b)] as sufficient to deprive employees of statutory, agreed or reasonable notice of termination or payment in lieu...
Read MoreIt is axiomatic that fairness implies validity because otherwise employees could be dismissed for reasons that actually have nothing to do with the enterprise itself. Click for a good example of invalidity So assuming employees...
Read MoreSouth African Revenue Service v CCMA (CCT19/16) [2016] ZACC 38 (8 November 2016) per Mogoeng CJ (Nkabinde ADCJ, Cameron J, Froneman J, Jafta J, Khampepe J, Madlanga J, Mbha AJ, Mhlantla J, Musi AJ and Zondo J concurring): The...
Read MoreKobrin v Periscopic Masingita (Pty) Ltd (JS990/15) [2016] ZALCJHB 543 (21 October 2016) per van Niekerk J. The LC granted damages in an amount equal to unpaid notice pay plus interest and costs. In contractual terms a summary...
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