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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Eish happens on the way to forums

Various small  employers in the Western Cape failed on Monday in their application to the High Court to set aside the Minister of Labour’s decision to extend a collective agreement concluded in a bargaining council to them as...

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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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