L Theron Archives - GilesFiles

Linking unlawful strikers: Necessary to obtain interdict

by GilesFiles | Mar 1, 2022 | 2020 onwards, Agriculture, Allowed, Appeals, Appeals - leave, Bill of Rights, Causes and defences, Collective Bargaining (LRL 5), ConCourt judges, Constitutional Court, Costs, Courts, Declaratory, Delict, Evidence & onus, Granted, Interdicts & rules, Judges, L Theron, Labour Relations, Legal Practice, Legality principle, LRA 1995, LRA 4: 64-77 Strikes, LRA 7: 112-184 Dispute, Orders, Parties, Power plays (LRL 6), Private enterprises, Refused, Review tests, Roman Dutch law, Sectors, Special pleas, Statutes (LRL 2)-work, Strike - protected, 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,...

Constitutional invalidity confirmed: Interests of justice

by GilesFiles | Dec 8, 2021 | 2020 onwards, Appeals, Appeals - leave, Causes and defences, ConCourt judges, Constitutional Court, Costs, Courts, Disallowed, General, Government, Judges, L Theron, Lawfulness & fairness, Legal Practice, Misconduct & incapacity, Municipal, Orders, Parties, Review tests, Rules Codes & Manual, Sectors, State organs, Termination (LRL 8), Topics, ZLL Tshiqi | 0 |

MEC: Cooperative Governance and Traditional Affairs, KwaZulu-Natal v Nkandla Local Municipality In a dispute concerning constitutional invalidity that was confirmed the Constitutional Court disallowed the appeal and decided that...

Assessing secondary strikes: Lawful and proportional

by GilesFiles | Nov 12, 2021 | 2020 onwards, Appeals, Appeals - leave, Bill of Rights, Collective Bargaining (LRL 5), ConCourt judges, Constitutional Court, Costs, Courts, Declaratory, Dhaya Pillay, Disallowed, Interpretation etc, Judges, Jurisdiction & powers, L Theron, Labour Relations, Legal Practice, LRA 1995, LRA 3: 11-63 Bargain, LRA 4: 64-77 Strikes, LRA 7: 112-184 Dispute, Mining, Orders, Parties, Power plays (LRL 6), Practices (LRL 9), Sectors, Statutes (LRL 2)-work, Strike - secondary, 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,...

Concurrent jurisdiction considered: Unlawful termination?

by GilesFiles | Dec 4, 2020 | 2020 onwards, 2020 onwards, Allowed, Appeals, Appeals - leave, BCEA 1997 (LRL 10), Causes and defences, ConCourt judges, Constitutional Court, Contractual breach, Costs, Courts, Declaratory, Fixed-term, General, Government, Interpretation etc, Judges, Jurisdiction & powers, L Theron, Labour Relations, Landmark judgments, Lawfulness & fairness, Legal Practice, Legality principle, LRA 1995, LRA 7: 112-184 Dispute, LRA 8a: 185-197B Dismissal, Misconduct & incapacity, Orders, Parties, Review tests, Sectors, Special pleas, State organs, State Owned Enterprises, Statutes (LRL 2)-work, 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,...

Business transfer examined: LRA s197 applied

by GilesFiles | Aug 4, 2020 | 2020 onwards, Appeals, Appeals - leave, ConCourt judges, Constitutional Court, Courts, Declaratory, Disallowed, Interpretation etc, Judges, Jurisdiction & powers, L Theron, Labour Relations, Legal Practice, LRA 1995, LRA 7: 112-184 Dispute, LRA 8a: 185-197B Dismissal, Managerial prerogative, Orders, Parties, Sectors, State organs, State Owned Enterprises, Statutes (LRL 2)-work, 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,...

Majoritarianism principle discussed: Fundamental rights

by GilesFiles | Jan 23, 2020 | 2020 onwards, Appeals, Bill of Rights, Collective action, Collective Bargaining (LRL 5), ConCourt judges, Constitutional Court, Courts, Judges, L Theron, Labour Relations, Lawfulness & fairness, Legal Practice, LRA 1995, LRA 3: 11-63 Bargain, LRA 7: 112-184 Dispute, LRA 8a: 185-197B Dismissal, Operational reasons, Parties, Sectors, Statutes (LRL 2)-work, Termination (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,...

Interpreting university definition: Concurring judgment

by GilesFiles | Dec 11, 2019 | 2019, Appeals, Bill of Rights, Causes and defences, Central, ConCourt judges, Constitutional Court, Costs, Courts, Interpretation etc, JC Froneman, Judges, Jurisdiction & powers, L Theron, Legal Practice, Legislation, 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...

Personal indemnity exceeded: Bad faith accepted

by GilesFiles | Jul 22, 2019 | 2019, 2019, ConCourt judges, Constitutional Court, Costs, Courts, Judges, L Theron, Landmark judgments, Legal Practice, Statutes (LRL 2)-work, SV Khampepe, Topics | 0 |

Public Protector v SA Reserve Bank Personal indemnity exceeded and Constitutional Court confirmed that the Public Protector acted in bad faith and held that in any event, the ambit of the immunity afforded under section 5(3) is...

Legality principle examined: Self-help and self-review

by GilesFiles | Apr 16, 2019 | 2019, Bill of Rights, Causes and defences, ConCourt judges, Constitutional Court, Courts, Judges, Just and equitable relief, L Theron, Legal Practice, Legality principle, Municipal, Orders, PAJA 2000, Review tests, Sectors, State, Topics | 0 |

Buffalo City Metropolitan Municipality v Asla Construction (Pty) Ltd Legality principle examined and majority overlooked unreasonable delay and declared contract as contrary to public policy. “The fourth principle stems...

Legitimate expectation test: Derogation in property value

by GilesFiles | Feb 19, 2019 | 2019, BC and HOAs, Causes and defences, Community schemes, ConCourt judges, Constitutional Court, Construction industry, Courts, Judges, L Theron, Legislation, Legitimate expectations, Parties, 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,...

Precautionary suspension considered: Right to be heard?

by GilesFiles | Feb 19, 2019 | 2019, ConCourt judges, Constitutional Court, Costs, Courts, Hearing procedure, Judges, L Theron, Labour Relations, Legal Practice, Misconduct & incapacity, Practices (LRL 9), Risks, Suspensions, 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,...

Status of directives: Review under PAJA or legality?

by GilesFiles | Oct 9, 2018 | 2018, 2018, Bill of Rights, ConCourt judges, Constitutional Court, Courts, Dignity equality freedom, Insights, Judges, L Theron, Landmark judgments, Legality principle, Legislation, Management, PAJA 2000, Policies - all, Topics | 0 |

Ahmed v Minister of Home Affairs Status of directives considered and to the extent that Immigration Directive 21 of 2015 [3 February 2016]: imposes a blanket ban on asylum seekers from applying for visas without provision for an...

Category: L Theron