About Simon Sephton

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D62/09 Krishna v University of KwaZulu-Natal

LC       D 62/09                       January 2012              10pp Gush J SILCS 2012:10 Dismissal – Proof of – Evidence establishing that employee transferred to state department under provisions of s 197 of LRA and that she had agreed to transfer – Dismissal not proven. D62.09 Krishna v Univ. KZN

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JR948-09 Director-General, Department of Public Works and Another v Public Service Sectoral Bargaining Council and Others

LC       JR948/09                    6 January 2012                                               13pp Molalehi J SILCS 2012:09 Dismissal – Misconduct – Corruption – Public servant demanding cash payment from a successful tenderer – Proper test for resolving conflicting versions set out – Arbitrator using dictionary definition of corruption – Ought to have used definition in Prevention and Combating of Corruption Activities Act […]

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Who can apply for rescission of a CCMA award? A lesson to look beyond the CCCMA Rules to the Labour Relations Act

Applying the rules of the CCMA is not always plain sailing, as the dismissed employee found out in the case of Builders Trade Depot v CCMA and Others LC D822/10 28 November 2011 per Steenkamp J (summarised in SILCS 2012:07). The employee had been dismissed for drinking on duty whilst on a written warning for the […]

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Is The Legal Practice Bill “the biggest single threat to an independent legal profession, and so to the courts, in South Africa’s legal history.”?

Jeremy Gauntlett suggests it might just be…. Minister of Justice Jeff Radebe has chosen a sponsored breakfast to announce that the Legal Practice Bill, 2012 is imminently to go through Parliament. It is the biggest single threat to an independent legal profession, and so to the courts, in South Africa’s legal history. Crying wolf ? […]

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