Category: 2020 onwards

Trade union status: Constitution precluded membership

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Rescission of consent order: Not favouring owners

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Applying LRA 198A(18): Majority judgment

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Restructuring and selection criteria: LRA s 189A(13) & (18)

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Determining causal link: Merger and dismissals

Coca-Cola Beverages Africa (Pty) Ltd v Competition Commission Determining causal link between retrenching and rehiring at lower salaries and whether it breached condition of merger? “[73] On the issue of the alleged...

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Professional negligence claim: Carve-out exception explained

Le Roux v Johannes G Coetzee en Seuns In professional negligence claim against attorneys when does there need to be a carve-out? “[233] It is for these reasons that there needs to be special treatment of the case where a...

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Mistakenly withdrawn claim: Employee’s appeal allowed

SJD v ACWA Power Africa Holdings (Pty) Ltd Mistakenly withdrawn claim but did former attorney have any authority to do so and was former employee bound thereby?: “[43] Since MDA had neither actual nor apparent or...

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Disciplinary hearing evidence: Failure of justice?

NL v State Was there a need to allow legal representation during informal disciplinary hearing where incriminating evidence was obtained? “[45] Since there is no constitutional issue, this Court need not assess the merits...

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Functus officio doctrine: Explained and applied

Mncwabe & Mathenjwa v President of RSA Was the President functus officio or in other words could he “reverse” the former President’s decision to make certain NPA appointments? “[116] To summarise: there is...

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Improperly obtained award: Access to justice?

Rand Refinery Ltd v Sehunane NO In context of improperly obtaining an award in what circumstances should it be reviewed and set aside and remitted for a fresh hearing? “[29] It is unnecessary to explore whether the Supreme...

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Amending rules retrospectively: Is registration required?

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Disciplinary process considered: Simple factual dispute?

SA Council for Educators v Scheepers When should an investigation involving an evaluation of facts concerning a disciplinary process be considered a constitutional issue? “[39] Whether an investigation as conducted by SACE...

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