Free and fair Archives

Protected: Why capitalism works: Socialism doesn’t

by GilesFiles | Oct 31, 2024 | AA - Resources generally, AJ - General, Free and fair, Insights, Markets in SA, philosophy / economics | 0 |

Protected: Pretence of Knowledge: Friedrich von Hayek

by GilesFiles | Oct 14, 2024 | AA - Resources generally, AJ - General, Free and fair, Insights, Management, Markets in SA, philosophy / economics | 0 |

Protected: Hayek’s Nobel Prize: Celebrating 50 years

by GilesFiles | Oct 14, 2024 | AA - Resources generally, AF - Internal equity external parity, AG - Legal research, Free and fair, Insights, Management, Markets in SA, philosophy / economics | 0 |

Restraint partially enforced: Key principles outlined

by GilesFiles | Sep 17, 2024 | 2020 onwards, AA - Resources generally, Applications, BCEA 1997 (LRL 10), BCEA 77(3) & 77A(e), Bill of Rights, Causes and defences, Contractual breach, Costs, Courts, Declaratory, Evidence & onus, Free and fair, Granted, Insights, Interdicts & rules, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, LRA 1995, LRA 7: 112-184 Dispute, LRA D: 151-166 LC, Management, Markets in SA, Orders, Parties, Personal services, Private enterprises, Protectable interests, Resolving disputes (LRL 3), Restraints, RGO Lagrange, Rules Codes & Manual, Sectors, Selected judges, Statutes (LRL 2)-work, 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,...

Unreasonable restraint enforcement: No protectable interests

by GilesFiles | Jun 28, 2024 | 2020 onwards, AB - Law generally, ABB - Fairness principle or concept, Applications, BCEA 77(3) & 77A(e), Causes and defences, Contractual breach, Costs, Courts, Declaratory, Free and fair, General, Insights, Interdicts & rules, Interpretation etc, Judges, Jurisdiction & powers, Kate Savage, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, LRA 1995, LRA 7: 112-184 Dispute, LRA D: 151-166 LC, Management, Markets in SA, Orders, Parties, Private enterprises, Protectable interests, Refused, Resolving disputes (LRL 3), Restraints, Sectors, Selected judges, Statutes (LRL 2)-work, Topics, Trade | 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,...

Fairness and public policy: Contractual breach?

by GilesFiles | Aug 15, 2023 | 2020 onwards, Costs, Courts, Free and fair, High Court, High Court judges, Judges, Labour Relations, Legal Practice, LRA 1995, LRA 7: 112-184 Dispute, Markets in SA, Orders, Parties, Reforms required, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, Termination (LRL 8), Topics | 0 |

AHMR Hospitality (Pty) Ltd t/a Bakenhof Winelands Venue v GdS Fairness and public policy  Essence Fairness and public policy  Decision (A161/2022) [2023] ZAWCHC 206 (15 August 2023) Order: Disallowed appeal with costs....

Unenforceable unwritten restraint: Stifling competition?

by GilesFiles | Jul 13, 2023 | 2020 onwards, Applications, Causes and defences, Contractual breach, Costs, Courts, Declaratory, Free and fair, High Court, High Court judges, Insights, Interdicts & rules, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, Markets in SA, Orders, Parties, Personal services, Private enterprises, Protectable interests, Public policy, Refused, Restraints, Roman Dutch law, Sectors, Topics | 0 |

Crazy Splash Swim School (Pty) Ltd v TN Is it against public policy to stifle competition and does that mean that even an unwritten restraint is unenforceable? “[66] Overall, the restraint provision the applicant seeks in...

Public policy considered: Restraint undertaking breached

by GilesFiles | Jul 4, 2023 | 2020 onwards, Applications, Bill of Rights, Causes and defences, Contractual breach, Costs, Courts, Declaratory, Free and fair, Granted, Granted, High Court, High Court judges, Insights, Interdicts & rules, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, Markets in SA, Orders, Parties, Private enterprises, Protectable interests, Restraints, Rules Codes & Manual, Sectors, Topics, Trade, Uniform HC | 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,...

Freedom to negotiate: Allow employees to do so

by GilesFiles | May 15, 2023 | AA - Resources generally, AB - Law generally, False assumptions, Free and fair, Insights, Legislation, Management, Markets in SA, Reforms required | 0 |

Over the past few months news headlines have been dominated by the power crisis, while this is understandable given its fundamental importance to the economy, we should not lose sight of the unemployment crisis. In fact these...

Breaching restraint agreement: Order enforced

by GilesFiles | Apr 19, 2023 | 2020 onwards, Applications, BCEA 1997 (LRL 10), BCEA 77(3) & 77A(e), Causes and defences, Contractual breach, Costs, Courts, Declaratory, Evidence & onus, Free and fair, Granted, Granted, 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, Management, Markets in SA, MPN Nkutha-Nkontwana, MR Makhura, Orders, Parties, Personal services, Private enterprises, Protectable interests, Resolving disputes (LRL 3), Restraints, Rules Codes & Manual, Sectors, Selected judges, Statutes (LRL 2)-work, Statutory, Topics, 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,...

Demarcating furniture components: BC jurisdiction?

by GilesFiles | Dec 5, 2022 | 2020 onwards, Awards -s145 see also Sidumo, Bargaining councils, Causes and defences, Connie Prinsloo, Costs, Courts, Declaratory, Free and fair, Insights, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, LRA 1995, LRA 3: 11-63 Bargain, LRA 7: 112-184 Dispute, Manufacturing, Markets in SA, Orders, Parties, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, Sidumo - see also awards s 145, Statutes (LRL 2)-work, Statutory, Topics, Trade | 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,...

Extending collective agreements: Reasonable prospects?

by GilesFiles | Sep 28, 2022 | 2020 onwards, Bargaining councils, Causes and defences, Collective Bargain (LRL 5), Construction industry, Costs, Courts, Free and fair, Insights, Judges, Labour Court, Labour Court judges, Labour Relations, Legal Practice, LRA 1995, LRA 3: 11-63 Bargain, LRA 7: 112-184 Dispute, Markets in SA, Orders, Organisations (LRL 4), Parties, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sean Snyman, Sectors, Selected judges, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), 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,...

Category: Free and fair