n HR Future - Lawfulness of disciplinary proceedings challenged - labour law

Volume 2020 Number 2
  • ISSN : 1608-8506


The Labour Court, in Gxolo v Harmony Gold Mine (Pty) Ltd and Another (2018) 29 SALLR 19 (LC), considered the following important issues: (a) What is the test to determine whether or not leave to appeal should be granted? (b) What is the viewpoint of the Labour Court in casu as to whether, in the absence of any reliance on a breach of employment contract, the principles of unlawful administrative action in the public sector are applicable to employees in the private sector?

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