GilesFiles, Author at GilesFiles

Hate speech constitutionality: Final decision delivered

Posted by GilesFiles | Jul 30, 2021 | 2020 +, appeal, Appeals, Bill of Rights, Cause: Bill of Rights, Common Law, ConCourt judges, Constitutional Court, Courts, Dignity equality freedom, Exceptions/special pleas, Judges, Legal Practice, Orders, Topics |

Qwelane v SA Human Rights Commission Constitutional Court in considering the constitutionality of hate speech unanimously decided to set aside the order of the SCA and inter alia declared that section 10(1) of the Equality Act...

Costs broad discretion: Ongoing relationship considered

Posted by GilesFiles | Jul 23, 2021 | 2020 +, Acting LAC judges, appeal, Appeals, Central, Courts, Dispute Resolution (LRL 3), Evidence and onus, Government, Judges, Labour Appeal Court, Labour Relations, Labour Relations Act 1995, LAC judges, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, Mining, Orders, Orders re costs, Organs of state, Parties, Sectors, Statutes (LRL 2) - work law, Termination & dismissal (LRL 8), Topics, Trade unions, Zungu doctrine |

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,...

Reinstatement order upheld: Exceptional circumstances?

Posted by GilesFiles | Jul 23, 2021 | 2020 +, appeal, Appeals, Appointed LAC judges, Awards -s145, Construction industry, Courts, Dennis Davis, Dispute Resolution (LRL 3), Evidence and onus, Invalid or unfair reason, Judges, Labour Appeal Court, Labour Relations, Labour Relations Act 1995, LAC judges, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, LRA Chpt: 8a: s185-197B Dismissals, Orders, Parties, Private enterprises, Refused, Reinstatement, Review tests, Sectors, Sidumo - reasonableness, Statutes (LRL 2) - work law, Termination & dismissal (LRL 8), Thresholds, Topics, Trust and confidence |

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,...

Contemplating operational termination: Jinchuan model

Posted by GilesFiles | Jul 21, 2021 | 2020 +, appeal, Appeals, Appointed LAC judges, Courts, Dispute Resolution (LRL 3), Evidence and onus, Judges, Labour Appeal Court, Labour Relations, Labour Relations Act 1995, LAC judges, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, LRA Chpt: 8a: s185-197B Dismissals, Mining, Operational requirements-s189, Orders, Orders re costs, Parties, Private enterprises, Refused, Sectors, Statement of claim, Statutes (LRL 2) - work law, Termination & dismissal (LRL 8), Topics, Totality |

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,...

Class action certified: Coupled with interim relief

Posted by GilesFiles | Jul 21, 2021 | Applications, Common Law, Courts, Declaratory, Evidence and onus, Granted, High Court, High Court judges, Interdicts and rule nisi, Judges, Legal Practice, Legislation, Orders, Protection of Personal Information, Rule nisi, Rules, Topics |

Stellenbosch University Law Clinic v Lifestyle Direct Group International (Pty) Ltd Class action certified by high court after recalling the history and development of the concept in theory and practice both in the USA and South...

Author: GilesFiles

Hate speech constitutionality: Final decision delivered

Costs broad discretion: Ongoing relationship considered

Reinstatement order upheld: Exceptional circumstances?

Contemplating operational termination: Jinchuan model

Class action certified: Coupled with interim relief