National Union of Mineworkers and Others v Eskom Holdings Soc Ltd (Generation, Koeberg Operating Unit) (C636/2014)
National Union of Mineworkers and Others v Eskom Holdings Soc Ltd (Generation, Koeberg Operating Unit) (C636/2014) [2018] ZALCCT 24 (25 July 2018)
The court found that the 48-month completion clause in the applicants' contracts was directory and not a guarantee, given the unpredictable nature of nuclear reactor operator training and the parties' conduct. Eskom's requirement for psychometric re-assessment was authorised by incorporated policies and procedures, and the applicants were estopped from re-litigating this issue due to the prior CCMA arbitration award. The suspension of the applicants from the training programme pending remediation was lawful, based on expert advice and the need to protect the integrity of the training group. T…
Source excerpt
- Breach Of Employment Contract
- Issue Estoppel
- Psychometric Testing
- Remediation In Training
- Damages Quantification