Public policy Archives

Trusting municipal managers: Confidence destroyed

by GilesFiles | Apr 7, 2025 | 2020 onwards, AB1 - Fairness principle or concept, Awards -s145 see also Sidumo, Causes and defences, Conduct unbecoming, Consumer protection, Contractual breach, Courts, Declaratory, Evidence & onus, Government, Gross misconduct, Hearing procedure, Insights, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, Legitimate expectations, LRA 1995, LRA 8a: 185-197B Dismissal, Management, Misconduct & incapacity, Municipal, Municipal managers, Orders, Parties, Performance, Protectable interests, Public policy, Resolving disputes (LRL 3), Review tests, Risks, Sectors, State organs, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Thresholds, Topics, Trust & confidence | 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,...

Legitimate protectable interest: Enforcing restraint?

by GilesFiles | Jan 29, 2025 | 2020 onwards, AB1 - Fairness principle or concept, Appeals, Appeals - leave, Applications, BCEA 1997 (LRL 10), BCEA 77(3) & 77A(e), Bill of Rights, Causes and defences, Contractual breach, Costs, Courts, Declaratory, Dennis Davis, Disallowed, Evidence & onus, Free and fair, Insights, Interdicts & rules, Interpretation etc, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, Management, Manufacturing, Markets in SA, Objective - correctness, Orders, Parties, Personal services, Private enterprises, Protectable interests, Public policy, Resolving disputes (LRL 3), Retired judges, Review tests, Rules Codes & Manual, Sectors, Topics, Trade restraints | 0 |

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Establishing protectable interest: Onus not discharged

by GilesFiles | Jan 15, 2025 | 2020 onwards, AB - Law generally, Applications, Causes and defences, Contractual breach, Costs, Courts, Declaratory, High Court, High Court judges, Insights, Interdicts & rules, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, Legislation, Management, Orders, Parties, Personal services, Private enterprises, Protectable interests, Public policy, Refused, Sectors, Topics, Trade restraints | 0 |

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Age discrimination considered: LRA s 187(2)(b): Rogers J

by GilesFiles | Dec 20, 2024 | 2020 onwards, 2020 onwards, AB - Law generally, AB1 - Fairness principle or concept, Allowed, Appeals, Appeals - leave, AUD, Automatic, Bill of Rights, Causes and defences, ConCourt judges, Constitutional Court, Contractual breach, Costs, Courts, Declaratory, Deemed, Dignity equality freedom, Disallowed, Discrimination (LRL 11), EEA 1998, EEA Chpt II ss 5-11, Evidence & onus, False assumptions, Fixed-term, Hearing procedure, Insights, Interpretation etc, Judges, Jurisdiction & powers, Just and equitable relief, Labour Relations, Landmark judgments, Lawfulness & fairness, Legal Practice, Legality principle, Legislation, Logistics, LRA 1995, LRA 8a: 185-197B Dismissal, Management, Notice requirements, OL Rogers, Operation of law, Orders, Parties, Private enterprises, Protectable interests, Provisos, Public policy, Resolving disputes (LRL 3), Retirement, Review tests, Sectors, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics | 0 |

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Age-based discrimination: Section 187(2)(b) of LRA?

by GilesFiles | Dec 20, 2024 | 2020 onwards, 2020 onwards, AB - Law generally, AB1 - Fairness principle or concept, Allowed, Appeals, Appeals - leave, AUD, Automatic, Bill of Rights, Causes and defences, ConCourt judges, Constitutional Court, Contractual breach, Costs, Courts, Declaratory, Deemed, Dignity equality freedom, Disallowed, Discrimination (LRL 11), EEA 1998, EEA Chpt II ss 5-11, Evidence & onus, False assumptions, Fixed-term, Granted, Hearing procedure, Insights, Interpretation etc, Judges, Jurisdiction & powers, Just and equitable relief, Labour Relations, Landmark judgments, Lawfulness & fairness, Legal Practice, Legality principle, Legislation, Logistics, LRA 1995, LRA 8a: 185-197B Dismissal, Management, Markets in SA, Notice requirements, Operation of law, Orders, Parties, philosophy / economics, Policies - all, Private enterprises, Protectable interests, Provisos, Public policy, Resolving disputes (LRL 3), Retired judges, Retirement, Review tests, RMM Zondo, Sectors, Selected judges, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics, Trade | 0 |

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Protecting confidential information: Protectable interests?

by GilesFiles | Dec 3, 2024 | 2020 onwards, AH02a - LC rules current, Applications, Causes and defences, Costs, Courts, Declaratory, Evidence & onus, Insights, Interdicts & rules, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Logistics, LRA 1995, LRA 7: 112-184 Dispute, LRA D: 151-166 LC, Management, Orders, Parties, Personal Information, Private enterprises, Protectable interests, Public policy, Resolving disputes (LRL 3), Rules Codes & Manual, Sean Snyman, Sectors, Statutes (LRL 2)-work, Topics, Trade restraints | 0 |

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Restraining competitor confirmed: Interest warranting protection

by GilesFiles | Oct 18, 2024 | 2020 onwards, Applications, BCEA 1997 (LRL 10), BCEA 77(3) & 77A(e), Causes and defences, Contractual breach, Costs, Courts, Declaratory, Evidence & onus, Granted, Insights, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, LC Rules-new, Legal Practice, Legislation, Logistics, Management, Orders, Parties, Private enterprises, Protectable interests, Public policy, Resolving disputes (LRL 3), Risks, Rules Codes & Manual, Sean Snyman, Sectors, Selected judges, Statutes (LRL 2)-work, Topics, Trade, Trade restraints | 0 |

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Common law development: Good faith negotiations?

by GilesFiles | Mar 28, 2024 | 2020 onwards, Appeals, Appeals - leave, Bill of Rights, Causes and defences, Common law, Contractual breach, Costs, Courts, Declaratory, Disallowed, Hospitality, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, Management, Orders, Parties, Personal services, Private enterprises, Protectable interests, Public policy, Review tests, Roman Dutch law, SCA judges, Sectors, Supreme Court of Appeal, Topics | 0 |

Glowing Rooms (Pty) Ltd v Levin NO (Woodlands Trust) Have ‘good faith’ and ‘fairness’ been elevated to substantive rules in ongoing development of common law? “[23] In our present contractual...

Restraint agreement enforced: Potential impending harm

by GilesFiles | Feb 23, 2024 | 2020 onwards, Applications, Causes and defences, Contractual breach, Costs, Courts, Declaratory, Granted, Insights, Interdicts & rules, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Logistics, Management, Orders, Parties, Private enterprises, Protectable interests, Public policy, Rules Codes & Manual, Sean Snyman, Sectors, Selected judges, Topics, Trade restraints | 0 |

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Unlawful intentional interference: Contractual relationships

by GilesFiles | Dec 22, 2023 | 2020 onwards, Allowed, Appeals, Appeals - leave, Causes and defences, Contractual breach, Costs, Courts, Declaratory, Delict, DN Unterhalter, Finance, Insights, Interpretation etc, Judges, Labour Relations, Legal Practice, Legislation, LRA 1995, LRA 3: 11-63 Bargain, Management, Orders, Parties, Personal services, Protectable interests, Public policy, SCA judges, Sectors, Selected judges, State organs, Statutes (LRL 2)-work, Statutory, Supreme Court of Appeal, Territorial jurisdiction, Topics, Trade restraints, Trade unions, Words & phrases | 0 |

Samwumed v City of Ekurhuleni What amounts to unlawful intentional interference with contractual relationships such as those between trade unions and bargaining councils? “[24] Does the conduct of COE amount to an unlawful...

Possible organized crime: Contra bones mores

by GilesFiles | Dec 18, 2023 | 2020 onwards, Applications, Causes and defences, Courts, Declaratory, High Court, High Court judges, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, Legislation, Management, Orders, Parties, Personal services, Private enterprises, Protectable interests, Public policy, Roman Dutch law, Sectors, Statutory, Topics | 0 |

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Collective bargaining process: Undermining considered

by GilesFiles | Nov 23, 2023 | 2020 onwards, Applications, Causes and defences, Collective Bargaining (LRL 5), Contractual breach, Costs, Courts, Declaratory, High Court, High Court judges, Hospitality, Interpretation etc, Judges, Labour Relations, Legal Practice, Legislation, LRA 1995, LRA 3: 11-63 Bargain, LRA 7: 112-184 Dispute, Management, Orders, Parties, Performance, Policies - all, Private enterprises, Protectable interests, Public policy, Review tests, Rules Codes & Manual, Sectors, Settlement agreements, Stated case, Statutes (LRL 2)-work, Termination (LRL 8), Topics | 0 |

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Category: Public policy