GilesFiles, Author at GilesFiles

Reflective loss wrongfulness: Pure economic loss

Posted by GilesFiles | Jul 3, 2020 | 2020, A Schippers, Appeals, Cause: delict, Cause: statute, Common Law, Courts, Exceptions/special pleas, Judges, Legal Practice, MS Navsa, Parties, SCA judges, Sectors, Supreme Court of Appeal, Topics |

Hlumisa Investment Holdings (RF) Ltd v Kirkinis Reflective loss and wrongfulness considered in great detail by the SCA and confirmed the underlying principles that a company has a distinct legal personality and holding shares...

Language policy unconstitutional: Resolution set aside

Posted by GilesFiles | Jun 30, 2020 | 2020, 2020, 92 Education, Appeals, Associations, Bill of Rights, Courts, Dignity equality freedom, Judges, Landmark judgments, Legal Practice, Legislation, MML Maya, Parties, SCA judges, Sectors, Supreme Court of Appeal, Topics, Universities and schools |

AfriForum NPC v Chairperson: Council: University of South Africa The SCA upheld the appeal with costs and declared that the new language policy adopted by Unisa is unconstitutional and set aside the resolution because Unisa...

Dismissing poor performers: Valid and fair reason

Posted by GilesFiles | Jun 26, 2020 | 2020, 99 Service activities other, Appointed LC judges, Awards -s145, Conduct or capacity, Courts, Dispute Resolution (LRL 3), Ill health and illness, Judges, Labour Court, Labour Court judges, Labour Relations, Labour Relations Act 1995, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, LRA Chpt: 8a: s185-197B Dismissals, MPN Nkutha-Nkontwana, Parties, Performance related, Private enterprises, Review tests, Sectors, Sidumo - reasonableness, Statutes (LRL 2) - work law, Termination & dismissal (LRL 8), Topics, Valid reason and fair reason |

For subscribers only Whilst some judgment summaries are available to all, this judgment summary is reserved for subscribers only. If you are already a subscriber, you can login to see this judgment summary. If you cannot login,...

Providing benefits considered: CCMA lacked jurisdiction

Posted by GilesFiles | Jun 25, 2020 | 2020, 41 Electricity gas steam, appeal, Appeals, Appointed LAC judges, Benefits - 186(2)(a), Courts, Dispute Resolution (LRL 3), Judges, Labour Appeal Court, Labour practices (LRL 9), Labour Relations, Labour Relations Act 1995, LAC judges, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, LRA Chpt: 8b: s185-186(2) Labour practices, Objective or correct, Orders, Parties, Refused, Review tests, Roland Sutherland, Rulings - s158(1)(g), Sectors, SOEs (State Owned Enterprises), Statutes (LRL 2) - work law, Topics, Trade unions |

For subscribers only Whilst some judgment summaries are available to all, this judgment summary is reserved for subscribers only. If you are already a subscriber, you can login to see this judgment summary. If you cannot login,...

Strike ballot requirement: Strike not unprotected

Posted by GilesFiles | Jun 25, 2020 | 2020, 35 Manufacture of basic metals, Acting LAC judges, appeal, Appeals, Bill of Rights, Courts, Declaratory, Dispute Resolution (LRL 3), erroneously granted, Granted, Interpretation and application, John Murphy, Judges, Jurisdiction and powers, Labour Appeal Court, Labour Relations, Labour Relations Act 1995, LAC judges, Legal Practice, LRA Chpt: 4: s64-77 Strikes & lockouts, LRA Chpt: 7: s112-184 Dispute resolution, LRAA 8/18, Manufacturing, Objective or correct, Orders, Parties, Power plays (LRL 6), Review tests, Rules and practice manuals, Sectors, Statutes (LRL 2) - work law, Strike - protected, Topics, Trade unions |

For subscribers only Whilst some judgment summaries are available to all, this judgment summary is reserved for subscribers only. If you are already a subscriber, you can login to see this judgment summary. If you cannot login,...

Author: GilesFiles

Reflective loss wrongfulness: Pure economic loss

Language policy unconstitutional: Resolution set aside

Dismissing poor performers: Valid and fair reason

Providing benefits considered: CCMA lacked jurisdiction

Strike ballot requirement: Strike not unprotected