Category: OL Rogers

Restructuring and selection criteria: LRA s 189A(13) & (18)

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Professional negligence claim: Carve-out exception explained

Le Roux v Johannes G Coetzee en Seuns In professional negligence claim against attorneys when does there need to be a carve-out? “[233] It is for these reasons that there needs to be special treatment of the case where a...

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Mistakenly withdrawn claim: Employee’s appeal allowed

SJD v ACWA Power Africa Holdings (Pty) Ltd Mistakenly withdrawn claim but did former attorney have any authority to do so and was former employee bound thereby?: “[43] Since MDA had neither actual nor apparent or...

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Improperly obtained award: Access to justice?

Rand Refinery Ltd v Sehunane NO In context of improperly obtaining an award in what circumstances should it be reviewed and set aside and remitted for a fresh hearing? “[29] It is unnecessary to explore whether the Supreme...

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Replacements during lockout: When strike ends?

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Beneficial interest explained: Regulating ownership

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Refunding contributions considered: Disallowed appeal

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Publishing defamatory statements: Unlawfulness?

Malema v Rawula In considering publishing defamatory statements the SCA disallowed the appeal from the high court and confirmed that an interdict must always be directed at future conduct and if there is no risk of future...

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Arbitration award binding: Right to be wrong

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Valuing golf courses: Various methods discussed

De Zalze Golf Club v VAB: Stellenbosch Municipality The Club reviewed and set aside a decision made by the Valuation Appeal Board (VAB) for the Stellenbosch Municipality in the Club’s appeal against a valuation of its golf...

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Establishing court jurisdiction: Registered office?

Mfwethu Investments CC v Citiq Meter Solutions (Pty) Ltd Establishing court jurisdiction requires proof that registered office falls within area after gathering information registered with the CIPC, rather than trying to prove...

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Jurisdictional objection upheld: Alleged employer discrimination

Rarayi v Oak Valley Estates The Equality Court upheld a jurisdictional objection and dealt with an objection to the “jurisdiction of the Equality Court to conduct an enquiry in terms of s 21 of the Promotion of Equality...

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