2016 Archives - GilesFiles

Termination of residence: Only after lawful and fair dismissal

by GilesFiles | Dec 21, 2016 | 2016, Applications, Constitutional Court, Courts, Eviction/ejectment, Labour Relations, Legal Practice, Orders, Resolving disputes (LRL 3), RMM Zondo, Statutes (LRL 2)-work, Topics | 0 |

Snyders v De Jager (Appeal) (CCT186/15) [2016] ZACC 55 (21 December 2016) per Zondo J (Mogoeng CJ, Moseneke DCJ, Bosielo AJ, Cameron J, Jafta J, Khampepe J, Madlanga J, Mhlantla J and Nkabinde J concurring) The Constitutional...

Time-bar prescription: Periods not the same

by GilesFiles | Dec 15, 2016 | 2016, ConCourt judges, Constitutional Court, Courts, JC Froneman, Judges, Resolving disputes (LRL 3), Statutes (LRL 2)-work | 2 |

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,...

Prescription labour relations: Tensions exist

by GilesFiles | Dec 15, 2016 | 2016, Appeals, Causes and defences, ConCourt judges, Constitutional Court, Courts, Judges, Jurisdiction & powers, Labour Relations, Legal Practice, Legislation, LRA 1995, LRA 7: 112-184 Dispute, Resolving disputes (LRL 3), Statutes (LRL 2)-work, Statutory, Topics | 2 |

 Essence Tension between prescription and labour relations: meaning of ‘debt’ in the context of the Labour Relations Act with its own dispute resolution systems.  Decision Myathaza v Johannesburg Metropolitan Bus...

No difference approach: Flawed analysis

by GilesFiles | Dec 14, 2016 | 2016, 2016, Landmark judgments, Resolving disputes (LRL 3), Words & phrases | 0 |

Psychological Society of South Africa v Qwelane (CCT226/16) [2016] ZACC 48 (14 December 2016) The constitutional court held that at common law and in terms of natural justice, ‘hearing the other party – audi alteram partem – is...

Legally recognisable interests: Protection by restraint or restriction

by GilesFiles | Nov 25, 2016 | 2016, Constitutional Court, Courts, Insights, JC Froneman, Protectable interests, Public policy, Restraints | 0 |

Masstores (Pty) Ltd v Pick n Pay Retailers (Pty) Ltd (CCT242/15) [2016] ZACC 42 ; 2017 (2) BCLR 152; 2017 (1) SALR 613 (CC) (25 November 2016) per Froneman J (Nkabinde ADCJ, Khampepe J, Madlanga J, Mbha AJ, Mhlantla J, Musi AJ...

Unlawful interference considered: Delictual liability?

by GilesFiles | Nov 25, 2016 | 2016, 2016, Appeals, Causes and defences, ConCourt judges, Constitutional Court, Courts, Delict, Insights, JC Froneman, Judges, Landmark judgments, Legal Practice, Protectable interests, Public policy, Restraints, Sectors, Topics | 0 |

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,...

Defining majoritarianism and workplace

by GilesFiles | Nov 23, 2016 | 2016, André van Niekerk, Collective Bargain (LRL 5), ConCourt judges, Constitutional Court, Courts, Judges, Labour Relations, LRA 1995, Power plays (LRL 6), Statutes (LRL 2)-work, Topics, Words & phrases | 0 |

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,...

Reinstate unless relationship intolerable

by GilesFiles | Nov 15, 2016 | 2016, ConCourt judges, Constitutional Court, Courts, Judges, Labour Relations, Legal Practice, LRA 1995, LRA 8a: 185-197B Dismissal, Orders, Statutes (LRL 2)-work, Termination (LRL 8), Topics | 2 |

The Constitutional Court held that the arbiter should not have immediately ordered reinstatement without considering s 193(2) of the LRA. The arbiter should have determined whether reinstatement was precluded. Reasons for...

Reverse waiver if against public policy

by GilesFiles | Nov 15, 2016 | 2016, Bill of Rights, Causes and defences, ConCourt judges, Constitutional Court, Courts, Evidence & onus, Judges, Legal Practice, Parties, Public policy, Reforms required, State Owned Enterprises, Topics | 0 |

“The reversal of the decision not to appeal happened within a very short period of three days, unlike in SANDU where there was a lapse of two weeks and the peremptor was nevertheless allowed to appeal. The central feature of...

Exclusive enshrined domain: Municipality

by GilesFiles | Nov 10, 2016 | 2016, Appeals, Bill of Rights, ConCourt judges, Constitutional Court, Courts, Judges, Legal Practice, Legislation, Municipal, philosophy / economics, Statutes (LRL 2)-work | 0 |

Pieterse NO v Lephalale Local Municipality (CCT184/16) [2016] ZACC 40 (10 November 2016) The Constitutional Court confirmed the order of the high court declaring section 139 of the Town-planning and Townships Ordinance 15 of...

Prevent self-help: Administrative and executive

by GilesFiles | Nov 9, 2016 | 2016, Bill of Rights, Causes and defences, ConCourt judges, Constitutional Court, Courts, JC Froneman, Judges, Jurisdiction & powers, Legal Practice, SV Khampepe, Topics | 0 |

Department of Transport v Tasima (Pty) Ltd (CCT5/16) [2016] ZACC 39 (9 November 2016) The Constitutional Court resolved the following matter: whether an organ of state is bound to abide court orders enforcing purportedly invalid...

Exercise discretion reinstatement: Factors to consider

by GilesFiles | Nov 8, 2016 | 2016, 2016, Constitutional Court, Judges, Jurisdiction & powers, Landmark judgments, Lawfulness & fairness, Termination (LRL 8), Words & phrases | 1 |

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,...

Category: 2016