This is an index of some legal resources related to the broad concept of corporate governance, which includes fairness, accountability, responsibility, transparency, and risk management:
[Constitutional Court]
Sidumo v Rustenburg Platinum Mines Ltd (GF 6778) [Navsa AJ et al, 5.10.2007]
[2007] 12 BLLR 1097; 2008 (2) BCLR 158; (2007) 28 ILJ 2405; [2007] JOL 20811 (CC)
Appeal allowed – CCMA award of reinstatement restored after nearly 7 years – CCMA must decide whether employer’s decision to terminate is for a fair reason related to conduct – so-called “reasonable employer test” rejected – only set aside award if no reasonable arbitrator could have made it – see SCA below – GF 6306.
Masetlha v President of RSA (GF 6777) [Moseneke DCJ et al, 3.10.2007]
2008 (1) BCLR 1; 2008 (1) SA 566 & [2007] JOL 20763 (CC)
Partly allowed appeal – irretrievable breakdown in employment relationship – lawful & fair to terminate fixed-term contract – employee cannot be deprived of full benefits of remaining 21 months of the contract – see HC below – GF 6454.
.
Register - It's quick, easy and FREE to get greater access instantly. [ Register ] If you are a client of Michalsons, you get registered user access and complimentary access to client content.
.
Register at [ Register ] and then send us an email requesting access as a client of Michalsons. We will give you access and notify you by email.
Tags: governance, IT Governance
No Comments Yet