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Kylie challenged the CCMA's decision in the Labour Court of South Africa, where she was represented by Wim Trengove. [1] On 31 July 2008 in Cape Town, Acting Judge Halton Cheadle dismissed her suit. Cheadle held that the Labour Relations Act cannot be read to grant sex workers an enforceable statutory right to a fair dismissal. [3]
The employee who resigns due to sexual harassment may argue that this was a constructive dismissal, which would provide grounds for finding an automatically unfair dismissal. A victim of harassment may institute a civil claim, based on delict, against the perpetrator; she may also institute a claim against the employer, based on the common-law ...
The Labour Court has exclusive jurisdiction over cases arising from the Labour Relations Act, 1995, which deals with collective bargaining, trade unions, strikes and lockouts, unfair dismissal and unfair labour practices; the Basic Conditions of Employment Act, 1997, which deals with working hours, leave and remuneration; the Employment Equity ...
Murray instituted action in the High Court in which he claimed damages for loss of income consequent upon his alleged constructive dismissal from the South African Navy, because its "continual unfair and ill-treatment" of him over a period of some two and a half years had left him with no alternative but to resign from his post.
In Food and Allied Workers Union and Another v The Cold Chain, an important case in South African labour law, the Labour Court held that there was nothing absurd in permitting a senior managerial employee to participate in the activities of a trade union, provided that the employee complies with his contractual obligations. In this case, the ...
A J Middleton, "Book review" (1993) 26 The Comparative and International Law Journal of Southern Africa 274 at 275; Chuks Okpaluba, "The Opportunity to State Case in the Law of Unfair Dismissal in Swaziland in the Light of Developments in South Africa and the United Kingdom" (1999) 11 African Journal of International and Comparative Law 392 at 402
Marcus Stoinis was given out in controversial fashion during Australia’s match against South Africa. Skip to main content. Sign in. Mail. 24/7 Help. For premium support please call: 800-290-4726 ...
Analogous to reinstatement, an established remedy in labour law for unfair dismissal, Ngcobo prescribed instatement as a means of establishing redress and restoring the status quo ante in situations of wrongfully denied employment. Other courts, including the Labour Court, subsequently applied instatement as a remedy for unfair labour practices ...