Category: 2014 and earlier

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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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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Waiver of rights: Conduct inconsistent with rules

Buffelsdrift Game Reserve Owner’s Association v Holkom (58258/2013) [2014] ZAGPPHC 474 (7 July 2014) per Baqwa J. The High Court refused to interdict some owners from keeping pets in contravention of the association’s...

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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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Change ‘must’ to ‘may’ in s 32 of LRA

The Free Market Foundation (FMF) has applied for a date to hear its application in the High Court in Pretoria to change one word in section 32 of the Labour Relations Act 66 of 1995 (LRA).   The FMF seeks a declaratory order to...

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