Retired judges Archives

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), Restraints, Retired judges, Review tests, Rules Codes & Manual, 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,...

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, 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 |

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,...

Persisting with hopeless case: Invalid dismissal reason

by GilesFiles | Sep 6, 2024 | 2020 onwards, Appeals, Appeals - leave, Awards -s145 see also Sidumo, Causes and defences, Conduct & capability, Costs, Courts, Declaratory, Disallowed, Interpretation etc, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, Legislation, LRA 1995, LRA 8a: 185-197B Dismissal, Mining, Orders, Parties, Private enterprises, Protect not punish, Resolving disputes (LRL 3), Retired judges, Review tests, Roland Sutherland, Rules Codes & Manual, 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,...

Oppressive or prejudicial conduct: Appeal allowed

by GilesFiles | Mar 26, 2024 | 2020 onwards, Allowed, Appeals, Appeals - leave, Causes and defences, Conduct & capability, Contractual breach, Costs, Courts, Declaratory, Evidence & onus, Interpretation etc, Judges, Jurisdiction & powers, Labour Relations, Legal Practice, Legislation, Logistics, LRA 1995, LRA 8a: 185-197B Dismissal, MJD Wallis, Orders, Parties, Personal services, Private enterprises, Resolving disputes (LRL 3), Retired judges, Rules Codes & Manual, SCA judges, Sectors, Selected judges, Statutes (LRL 2)-work, Statutory, Supreme Court of Appeal, 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,...

Limited business transfer: Cross-border transport service

by GilesFiles | Nov 30, 2023 | 2020 onwards, Appeals, Causes and defences, Courts, Declaratory, Deemed, Dennis Davis, Granted, Interpretation etc, Judges, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, Legislation, Logistics, LRA 1995, LRA 8a: 185-197B Dismissal, Objective - correctness, Operation of law, Orders, Parties, Private enterprises, Resolving disputes (LRL 3), Retired judges, Review tests, 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,...

Larger merger participation: Make representations?

by GilesFiles | Sep 5, 2022 | Allowed, Appeals, Appeals - leave, Balancing interests, Causes and defences, Competition Appeal Court, Costs, Courts, Declaratory, Dennis Davis, Insights, Judges, Legal Practice, Legislation, Markets in SA, Mining, Orders, Parties, Private enterprises, Protectable interests, Public policy, Retired judges, Sectors, Statutory, Termination (LRL 8), Topics | 0 |

Northam Platinum Holdings Ltd v Impala Platinum Holdings Ltd In considering participation in a larger merger when should CAC intervene and impose a rigid procedure on Tribunal? “[59] Let me emphasise: This Court should...

Substituting demarcation award: LRA s62 permissible?

by GilesFiles | Dec 10, 2021 | 2020 onwards, Appeals, Appeals - leave, Applications, Bargaining councils, Collective Bargain (LRL 5), ConCourt judges, Constitutional Court, Courts, Declaratory, Demarcations, Disallowed, Judges, Labour Relations, Legal Practice, LP Tlaletsi, LRA 1995, LRA 3: 11-63 Bargain, LRA 7: 112-184 Dispute, Manufacturing, Orders, Parties, Private enterprises, Resolving disputes (LRL 3), Retired judges, Review tests, Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, 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,...

Exceptional performance bonus: Protected strikers?

by GilesFiles | Dec 14, 2020 | 2020 onwards, Appeals, Appeals - leave, Awards -s145 see also Sidumo, Collective Bargain (LRL 5), Common law, Costs, Courts, Declaratory, Disallowed, Discrimination (LRL 11), EEA Chpt II ss 5-11, Employ Equity (LRL 12), erroneously sought, Interpretation etc, John Murphy, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, LRA 1995, LRA 2: 4-10 FOA, LRA 4: 64-77 Strikes, LRA 7: 112-184 Dispute, Mining, Objective - correctness, Orders, Parties, Power plays (LRL 6), Practices (LRL 9), Private enterprises, Resolving disputes (LRL 3), Retired judges, Review tests, Sectors, Special pleas, Statutes (LRL 2)-work, Strike - protected, Topics, Trade unions, Work Science Institute | 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,...

Determining true cause: Misconduct not union activities

by GilesFiles | Dec 14, 2020 | 2020 onwards, Allowed, Appeals, Appeals - leave, AUD, Awards -s145 see also Sidumo, Causes and defences, Conduct & capability, Contractual breach, Costs, Courts, Gross misconduct, Interpretation etc, John Murphy, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, LRA 1995, LRA 7: 112-184 Dispute, LRA 8a: 185-197B Dismissal, Objective - correctness, Orders, Parties, Personal services, Private enterprises, Resolving disputes (LRL 3), Retired judges, Review tests, Risks, Sectors, Statutes (LRL 2)-work, Termination (LRL 8), 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,...

Interdicting picketers lawfully: Criminal conduct?

by GilesFiles | Nov 17, 2020 | 2020 onwards, Agriculture, Appeals, Appeals - leave, Applications, Bill of Rights, Causes and defences, Costs, Courts, Declaratory, Dennis Davis, Disallowed, General, Granted, Interdicts & rules, Interpretation etc, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, Legality principle, LRA 1995, LRA 4: 64-77 Strikes, LRA 7: 112-184 Dispute, Objective - correctness, Orders, Parties, Power plays (LRL 6), Private enterprises, Resolving disputes (LRL 3), Retired judges, Review tests, Sectors, Statutes (LRL 2)-work, 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,...

Independent impartial judiciary: Real constitutional democracy

by GilesFiles | Oct 12, 2020 | AA - Resources generally, Bill of Rights, Dignity equality freedom, Insights, Judges, Retired judges, Thought Leaders, Topics | 0 |

In a lecture reflecting on the process of achieving independence of the legal fraternity as well as the independence and impartiality of the judiciary in the SADC region, Zak Yacoob, a retired Constitutional Court judge,...

Negative obligation imposed: Right to basic education

by GilesFiles | Jun 17, 2020 | 2020 onwards, Appeals, Bill of Rights, Causes and defences, ConCourt judges, Constitutional Court, Courts, Dignity equality freedom, Edwin Cameron, JC Froneman, Judges, Legal Practice, Non-profit organisations, Parties, Private enterprises, Retired judges, Sectors, Topics | 0 |

AB v Pridwin Preparatory School Negative obligation imposed and new rule developing the common law under section 8(3)(a) of the Constitution, that was non-existent under the common law or in terms of any prior legislation, by...

Category: Retired judges