Markets in SA Archives

Business rescue plan: Unfair dismissal procedure?

by GilesFiles | May 8, 2020 | 2020, André van Niekerk, Applications, Appointed LC judges, Associations, Courts, Declaratory, Dispute Resolution (LRL 3), Granted, Interdicts and rule nisi, Interpretation and application, Judges, Jurisdiction and powers, Labour Court, Labour court, Labour Court judges, Labour Relations, Labour Relations Act 1995, Legal Practice, Legislation, LRA Chpt: 7: s112-184 Dispute resolution, LRA Chpt: 8a: s185-197B Dismissals, Management, Markets in SA, Operational process -s189A(13), Operational reasons-189A, Orders, Parties, philosophy / economics, Procedural issues, Risks, Sectors, SOEs (State Owned Enterprises), Statutes (LRL 2) - work law, Termination & dismissal (LRL 8), Topics, Trade unions, Urgency | 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,...

Reduce wage curve: Avoiding mass dismissals

by GilesFiles | Apr 23, 2020 | Covid-19 issues, Employment equity, impossible or illegal, Insights, Management, Markets in SA, philosophy / economics, Risks | 0 |

Avoiding so-called retrenchments These are unprecedented times and senior managers in most companies are facing difficult decisions to ensure the survival of the enterprises. A first reaction may be to ‘contemplate’...

IMSSA early days: Creation and development

by GilesFiles | Apr 12, 2020 | Insights, Markets in SA, philosophy / economics, Thought Leaders | 0 |

In 1981 the Ford Foundation generously donated funds to enable a mediation service to be established in South Africa. Thanks mainly to the efforts and drive of the late Loet Douws Dekker steps were taken to arrange for...

Covid-19 lawyers chastised: Deprived of fees

by GilesFiles | Apr 3, 2020 | 2020, Cause: regulations, Cause: statute, Common Law, Courts, Covid-19 issues, De bonis propriis, Declaratory, High Court, High Court judges, Interpretation and application, irregular proceeding, Judges, Jurisdiction and powers, Legal Practice, Legal practitioners, Legislation, Orders, Orders re costs, Parties, philosophy / economics, Sectors, Topics | 0 |

Administrator of Dr J S Moroka Municipality v Kubheka COVID-19 Lawyers chastised for failing to produce the necessary permits ito the regulations and directives which caused the acting judge to deny them their fees and charges...

Trade union affairs: Registrar to investigate

by GilesFiles | Feb 26, 2020 | 2020, Applications, Appointed LC judges, Contempt of court, Courts, Daphne Mahosi, Dispute Resolution (LRL 3), Granted, Interdicts and rule nisi, Invalid or unfair reason, Judges, Jurisdiction and powers, Labour Court, Labour Court judges, Labour Relations, Labour Relations Act 1995, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, LRA Chpt: 8a: s185-197B Dismissals, Orders, Parties, philosophy / economics, Rescission, Sectors, Statutes (LRL 2) - work law, Termination & dismissal (LRL 8), Topics, Trade unions | 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,...

RICA saga continues: ConCourt hearing

by GilesFiles | Feb 25, 2020 | 2020, Appeals, Bill of Rights, Cause: Bill of Rights, Cause: statute, Common Law, ConCourt judges, Constitutional Court, Courts, Dignity equality freedom, Government - central, Judges, Jurisdiction and powers, Legal Practice, Legislation, Parties, philosophy / economics, Protection of Personal Information, Sectors, 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,...

Protectable interests examined: Unrealistic threat?

by GilesFiles | Feb 24, 2020 | 2020, A.G. Binns-Ward, Applications, Bill of Rights, Cause: contractual breach, Common Law, Competition, Courts, Declaratory, Evidence and onus, High Court, High Court judges, Interdicts and rule nisi, Judges, Jurisdiction and powers, Legal Practice, Markets in SA, Onus of proof, Orders, Parties, philosophy / economics, Plascon-Evans rule, Private enterprises, Protectable business interests, Public policy, Refused, Restraints and restrictions, Sectors, Topics, Urgency | 0 |

Truworths Ltd v de Bruyn Protectable interests examined and high court decided that while the skills and experience developed as a buyer while in the employ of Truworths will be of practical benefit to adidas under her new...

Lead independent director: Decision making levels

by GilesFiles | Feb 17, 2020 | Common Law, Consumer protection, Insights, philosophy / economics, Topics | 0 |

Sibanye Gold Ltd has just announced the appointment of Richard (Rick) Menell as the lead independent director (LID) of the board of directors. But what exactly does the LID do? Does the LID have any effect on the seven decision...

Intimidation threats interdicted: Undocumented nationals

by GilesFiles | Feb 17, 2020 | 2020, Applications, Cause: delict, Cause: general, Cause: statute, Common Law, Courts, Government - municipal, Government: Municipal, Granted, granted, High Court, High Court judges, Interdicts and rule nisi, Interim relief, Judges, Jurisdiction and powers, Legal Practice, Legislation, Orders, Parties, philosophy / economics, Rule nisi, Sectors, Topics, Urgency | 0 |

City of Cape Town v JB and Others Intimidation threats interdicted by high court on an interim basis after law enforcement officers of the City were threatened when they attempted to obtain personal information to issue...

Emotional shock principles: Amicus curiae application

by GilesFiles | Dec 18, 2019 | 2019, 2019, amicus curiae, appeal, Appeals, Bill of Rights, Common Law, Courts, Dignity equality freedom, Granted, Judges, Jurisdiction and powers, Landmark judgments, LE Leach, Legal Practice, Orders, philosophy / economics, SCA judges, Supreme Court of Appeal, Topics | 0 |

R K v Minister of Basic Education Emotional shock principles considered in great detail by the SCA and stressed the importance of a detectable psychiatric injury as being the foundation for such claims. “It is clear from...

Interpreting university definition: Concurring judgment

by GilesFiles | Dec 11, 2019 | 2019, Appeals, Bill of Rights, Common Law, ConCourt judges, Constitutional Court, Courts, Government - central, Interpretation and application, JC Froneman, Judges, Jurisdiction and powers, L Theron, Legal Practice, Legislation, Orders re costs, Parties, philosophy / economics, Sectors, Topics, Universities and schools | 0 |

Independent Institute of Education (Pty) Ltd v Kwazulu-Natal Law Society Interpreting university definition and Constitutional Court in concurring judgment cautioned against giving an interpretation which ‘cannot be...

Interpreting university definition: Statutory interpretation

by GilesFiles | Dec 11, 2019 | 2019, Appeals, Bill of Rights, Common Law, ConCourt judges, Constitutional Court, Courts, Government - central, Interpretation and application, Judges, Jurisdiction and powers, Legal Practice, Legislation, MTR Mogoeng, Parties, philosophy / economics, Sectors, Topics, Universities and schools | 0 |

Independent Institute of Education (Pty) Ltd v Kwazulu-Natal Law Society Interpreting university definition and Constitutional Court held that to treat the Institute otherwise than as a university would put form over substance...

Category: Markets in SA