GilesFiles, Author at GilesFiles

Trust breached or suspicion: Reinstatement ordered

Posted by GilesFiles | Mar 26, 1997 | 2014 and earlier, AB1 - Fairness principle or concept, Allowed, Appeals, Balancing interests, Causes and defences, Compensation or damages, Contractual breach, Costs, Costs awarded, Courts, Disciplinary issues, Disputes: factual, False assumptions, Interpretation etc, Intolerable, Judges, Jurisdiction & powers, Labour Relations, Lawfulness & fairness, Legal Practice, Legality principle, Legislation, Logistics, LRA 08a: 185-197B Dismissal, LRA 1995, Orders, Parties, Private enterprises, Reinstatement, Resolving disputes (LRL 3), Review tests, SCA judges, Sectors, Statutes (LRL 2)-work, Statutory, Supreme Court of Appeal, Suspicion, Termination (LRL 8), Topics, Trade, Trust & 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,...

Unlawful but fair dismissal: Differences explained

Posted by GilesFiles | Feb 24, 1997 | 2014 and earlier, 2015 and earlier, Appeals, Causes and defences, ConCourt judges, Conduct & capacity, Constructive: 186(1)(e), Courts, General, Incompatibility, Interpretation etc, JC Froneman, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, Landmark judgments, Lawfulness & fairness, Legal Practice, LRA 08a: 185-197B Dismissal, LRA 1995, Performance, philosophy / economics, Risks, Statutes (LRL 2)-work, Termination (LRL 8), Topics, Trust & confidence |

WL Ochse Webb & Pretorius (Pty) Ltd v Vermeulen Unlawful but fair may seem strange but the concepts are explained clearly by justice Froneman who was a judge in the constitutional court and retired in 2020. The labour appeal...

Foreseeing contractual performance: Various scenarios

Posted by GilesFiles | Sep 25, 1996 | 2014 and earlier, Appeals, Causes and defences, Central, Contractual breach, Courts, Exceptions/special pleas, False assumptions, Government, Impossibility or illegality, Judges, Legal Practice, Legislation, Parties, Retired judges, Roman Dutch law, SCA judges, Sectors, Special pleas, State Owned Enterprises, Statutory, Supreme Court of Appeal, Topics |

Nuclear Fuels Corporation of SA (Pty) Ltd v Orda AG Foreseeing contractual performance and SCA pointed out that what is not altogether clear is whether certain factors assist in determining the existence of vis major or, vis...

Right to privacy: Scope and application

Posted by GilesFiles | Jun 5, 1996 | 2014 and earlier, 2015 and earlier, Bill of Rights, Constitutional Court, Courts, Labour Relations, Landmark judgments, Personal Information |

Bernstein and Others v Bester This judgment will help you to determine when you are infringing someone’s right to privacy in the workplace. The court explores the scope of the right to privacy. The closer the action...

Stigma damages considered: Employer contractual duties

Posted by GilesFiles | Nov 24, 1995 | 2017, Banks, Causes and defences, Courts, Damages, Insights, Interpretation etc, Judges, Landmark judgments, Parties, Sectors, Trust & confidence |

Council for Scientific and Industrial Research v Fijen (314/94) [1995] ZASCA 143; 1996 (2) SA 1 (SCA); [1996] 2 All SA 379 (A); [1996] 6 BLLR 685 (AD) (24 November 1995) “Employment, and job prospects, are matters of vital...

Author: GilesFiles

Trust breached or suspicion: Reinstatement ordered

Unlawful but fair dismissal: Differences explained

Foreseeing contractual performance: Various scenarios

Right to privacy: Scope and application

Stigma damages considered: Employer contractual duties