Browsing PER: Potchefstroom Electronic Law Journal by Author "Newaj, Kamalesh"

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Defining fairness in dismissals of unauthorised foreign nationals

Newaj, Kamalesh (PER/PELJ, 2020)

It is trite that if a person's employment is prohibited by law it is not possible for such a person to perform his or her work lawfully. However, people are employed despite failing to comply with statutory requirements. ...
Determining the true reason for an alleged section 187(1)(c) dismissal: a discussion of National Union of Metalworkers of South Africa v Aveng Trident Steel (a Division of Aveng Africa (Pty) Ltd) (2021) 42 ILJ 67 (CC)

Newaj, Kamalesh (PER/PELJ, 2021)

On 27 October 2020, the Constitutional Court handed down judgment in National Union of Metalworkers of South Africa v Aveng Trident Steel (A Division of Aveng Africa (Pty) Ltd) 2021 42 ILJ 67 (CC). Following the judgment, ...