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Note: Opinions are not final until any timely filed motions for rehearing are considered and disposed of by the Court. These opinions are also subject to revision before publication in the Southern Reporter, 3rd Series. The court releases its opinions to the parties and public each Wednesday.
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A second voluntary dismissal is an adjudication on the merits of any "action based on or including the same claim." Our courts, however, have also applied the phrase to summary judgment, holding that that a party may not dismiss after its summary judgment argument before the court rules on the motion.
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When is a dismissal fair? The LRA has a Code of Good Practice for Dismissals that employers severance pay: workers can negotiate for higher severance pay than the LRA prescribes (which is 1 If workers and the employer cannot agree, disputes over retrenchments and severance pay can be.
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The court said "regrettably, as will become evident, this case has had a long and gruelling journey". This long journey has certainly created a strange precedent as it could leave the impression that theft could under certain circumstances warrant a final written warning and not dismissal.
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