2014 and earlier Archives

Post-employment fidelity: Duties and obligations?

by GilesFiles | Nov 17, 2015 | 2014 and earlier, Applications, Causes and defences, Courts, General, High Court, High Court judges, Insights, Judges, Jurisdiction & powers, Legal Practice, Management, Policies - all, Protectable interests, Restraints, Risks, Topics, Work Science Institute | 0 |

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...

Class action: Transnet no appeal against R80bn

by GilesFiles | Dec 31, 2014 | 2014 and earlier, 2014 and earlier, Courts, High Court, Judges, Miscellaneous, Resolving disputes (LRL 3), Supreme Court of Appeal, 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,...

Eviction: farmer and unlawful occupiers

by GilesFiles | Dec 12, 2014 | 2014 and earlier, 2015 and earlier, Agriculture, Applications, Bill of Rights, Causes and defences, Courts, Eviction/ejectment, High Court, High Court judges, Interpretation etc, Judges, Labour Relations, Landmark judgments, Legal Practice, Legislation, LRA 1995, MJD Wallis, Orders, Resolving disputes (LRL 3), SCA judges, Sectors, Statutes (LRL 2)-work, Termination (LRL 8), Topics | 0 |

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...

Criminal defamation: Consistent with s 36 of Constitution

by GilesFiles | Dec 5, 2014 | 2014 and earlier, Bill of Rights, Causes and defences, Courts, High Court, Legislation, Words & phrases | 0 |

Motsepe v S (A 816/2013) [2014] ZAGPPHC 1016 (5 December 2014) per Molefe J [Janse van Niewenhuizen J concurring] A full bench of the High Court refused to grant an application by various ‘friends of the court’ to have the...

High Court rules against two top judges

by GilesFiles | Sep 26, 2014 | 2014 and earlier, Causes and defences, Courts, Gross misconduct, High Court, Judges, Legal Practice, Legality principle, Termination (LRL 8) | 0 |

A full bench of the High Court in Gauteng refused late last week to grant the application brought by two justices of the Constitutional Court. In summary these are the main findings: The implementation or enforcement of new...

Sober assessment of Oscar verdict by law professor

by GilesFiles | Sep 23, 2014 | 2014 and earlier, Anton Steenkamp, Courts, High Court, High Court judges, Judges, Legality principle | 0 |

Professor Jonathan Burchell, an eminent professor of criminal law at the University of Cape Town, has praised Justice Masipa’s decision to acquit Oscar Pistorius of murder and convict him of culpable homicide. He suggests that...

Truth sacrificed on altar of irrational passion

by GilesFiles | Sep 19, 2014 | 2014 and earlier, AE - Leon Louw, Courts, High Court, Legality principle, Thought Leaders | 0 |

For a three-member bench comprising two women (one white and one black) and two blacks (one female and one male) to find a white Afrikaner man accused of murdering a woman guilty of the extremely serious offence of culpable...

LRA primary objects: Extending collective agreements

by GilesFiles | Sep 9, 2014 | 2014 and earlier, Bill of Rights, Collective Bargain (LRL 5), Courts, High Court, High Court judges, Judges, Jurisdiction & powers, Labour Relations, Legality principle, LRA 1995, Organisations (LRL 4), Reforms required, Resolving disputes (LRL 3), Statutes (LRL 2)-work, Topics | 1 |

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...

Eish happens on the way to forums

by GilesFiles | Sep 9, 2014 | 2014 and earlier, Bargaining councils, Collective Bargain (LRL 5), Courts, Dennis Davis, Free and fair, High Court, High Court judges, Judges, Jurisdiction & powers, Legal Practice, Parties, Work Science Institute | 0 |

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...

Implied restraint provisions: Considered in detail

by GilesFiles | Jul 11, 2014 | 2014 and earlier, Bill of Rights, Causes and defences, Courts, Dennis Davis, High Court, High Court judges, Judges, LAC judges, Legal Practice, MJD Wallis, OL Rogers, Public policy, Restraints, SCA judges, 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,...

Waiver of rights: Conduct inconsistent with rules

by GilesFiles | Jul 7, 2014 | 2014 and earlier, BC and HOAs, BC Manage, Causes and defences, Community schemes, Courts, High Court, High Court judges, Judges, Legal Practice, Parties, Sectors, Topics | 0 |

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...

Settlement agreement: Alleged undue influence CCMA

by GilesFiles | Jun 4, 2014 | 2014 and earlier, Bill of Rights, Courts, High Court, High Court judges, Judges, Jurisdiction & powers, Labour Relations, Public policy, Resolving disputes (LRL 3), Settlement agreements, Termination (LRL 8), Topics | 0 |

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...

Category: 2014 and earlier