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Moyo v Old Mutual Limited and Others (22791/2019) [2019] ZAGPJHC 229

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Moyo v Old Mutual Limited and Others (22791/2019) [2019] ZAGPJHC 229

Moyo v Old Mutual Limited and Others (22791/2019) [2019] ZAGPJHC 229

1st August 2019

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1. The Applicant was the Chief Executive Officer ("CEO") of the First Respondent. Their relationship is governed by a contract of employment ("the contract"). On 23 May 2019, the First Respondent suspended the Applicant and on 17 June 2019, it dismissed him. Central to this matter are two issues. firstly, whether or not the dismissal was in terms of the provisions of Clause 24.1.1 of the contract as maintained by the Respondents. Secondly, the applicability of the Protection of Disclosures Act 26 of 2000 ("PDA". Offended by the First Respondent's invocation of Clause 24.1.1 and considering that before dismissing him, the First Respondent was obliged to adopt and apply the provisions of Clause 25, the Applicant, on urgent basis, launched this application seeking interim relief pending institution of a damages claim within sixty days of the date of the order of this Court.

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