Cases listed under subject matter

Automatic termination of employment

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Mahlamu v CCMA and Others (JR 1702/ 09) [2010] ZALC 182; [2011] 4 BLLR 381 (LC); (2011) 32 ILJ 1122 (LC) (30 November 2010)

Parties to an employment contract cannot contract out of protection against unfair dismissal through 'automatic termination' provisions or otherwise.

Maswanganyi v Minister of Defence and Military Veterans and Others (CCT170/19) [2020] ZACC 4 (20 March 2020)

Where employment terminates automatically if an employee is convicted of a crime, termination will only occur if the conviction and sentence are valid and final.

Mwelase and Others v Enforce Security Group and Others (D358/12) [2015] ZALCD 46 (31 July 2015)

Any contractual provision that infringes on rights in the LRA or Constitution is not valid. A waiver of such rights is not valid.

South African Post Office Ltd v Mampuele (JA29/09) [2010] ZALAC 15; (2010) 31 ILJ 2051 (LAC) ; [2010] 10 BLLR 1052 (LAC) (4 June 2010)

Parties to an employment contract cannot contract out of protection against unfair dismissal through 'automatic termination' provisions or otherwise. The LRA caters not only for an individual's interest but the public's as well.