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Article 10/2025

What is the ‘short’ reasonable decision-maker test formulated by the LAC in Goldfields Mining SA (Pty) Ltd (Kloof Gold Mine) v CCMA (2013) 24 SALLR 41 (LAC), and so repeatedly being applied?

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A reviewing court must ascertain:

  • whether the arbitrator considered the principal issue before him/her
  • whether the arbitrator evaluated the facts presented at the arbitration
  • whether the arbitrator came to a conclusion that a reasonable decision-maker could have come to
September 28, 2026

What are the principles governing common purpose misconduct?

September 21, 2026

What are the principles governing an employee’s duty to disclose to his/her employer information about misconduct?

September 14, 2026

In Article 31, we dealt with the distinction between desertion and abscondment.

In Article 32, we dealt with the misconduct of deeming desertion.

In this article, we will deal with termination of employment by operation of law in the private sector – similar to deeming to be discharged in the public sector.