Category: 2014 and earlier

Post-employment fidelity: Duties and obligations?

Premier Medical & Industrial Equipment (Pty) Ltd v Winkler [1971] 4 All SA 94 (W) per Hiemstra J. “To go marauding among his master’s suppliers and customers in order to build up his own business is certainly one of...

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Eviction: farmer and unlawful occupiers

Applethwaite Farm (Pty) Ltd v Tshongweni and Another (12299/2014) [2014] ZAWCHC 193 (12 December 2014) The Cape High Court was not persuaded that there were any relevant circumstances militating against an eviction and that it...

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LRA primary objects: Extending collective agreements

O Thorpe Construction v Minister  of Labour (9380/2013) [2014] ZAWCHC 140; (2015) 36 ILJ 935 (WCC) (9 September 2014) per Davis J. The High Court upheld the point in limine and found that it did not have jurisdiction after...

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Eish happens on the way to forums

This is what Justice Davis stated in para [36] in O Thorpe Construction v Minister of Labour (9380/2013) [2014] ZAWCHC 140; (2015) 36 ILJ 935 (WCC) (9 September 2014) Various small  employers in the Western Cape failed on Monday...

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Implied restraint provisions: Considered in detail

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,...

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Settlement agreement: Alleged undue influence CCMA

A nursing sister was dismissed on 26 November 2010 supposedly for a reason related to her misconduct.   Although employed by a labour broker her ‘client’ was a hospital group where her services were contracted to a hospital for...

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