OL Rogers Archives - GilesFiles

Age discrimination considered: LRA s 187(2)(b): Rogers J

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, 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, Notice requirements, OL Rogers, Operation of law, Orders, Parties, Private enterprises, Protectable interests, Provisos, Public policy, Resolving disputes (LRL 3), Retirement, Review tests, Sectors, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics | 0 |

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Property rights considered: Majority & dissenting judgments

by GilesFiles | Nov 19, 2024 | 2020 onwards, 2020 onwards, Appeals, Appeals - leave, Bill of Rights, Causes and defences, ConCourt judges, Constitutional Court, Costs, Courts, Declaratory, Disallowed, Evidence & onus, Government, Interpretation etc, Judges, Jurisdiction & powers, Landmark judgments, leave to appeal, Legal Practice, Legality principle, Legislation, Local, OL Rogers, Orders, Parties, Sectors, State organs, Statutory, Topics | 0 |

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Genetically modified organisms: Precautionary principle triggered

by GilesFiles | Oct 22, 2024 | 2020 onwards, 2020 onwards, Agriculture, Allowed, Appeals, Appeals - leave, Bill of Rights, Causes and defences, Costs, Courts, Declaratory, Evidence & onus, Interpretation etc, Judges, Jurisdiction & powers, Landmark judgments, Legal Practice, Legislation, OL Rogers, Orders, Parties, Private enterprises, SCA judges, Sectors, Selected judges, Statutory, Supreme Court of Appeal, Topics, VM Ponnan | 0 |

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Privacy protection scope: Freedom of expression

by GilesFiles | Oct 9, 2024 | 2020 onwards, Allowed, Appeals, Appeals - leave, Bill of Rights, Causes and defences, ConCourt judges, Constitutional Court, Costs, Courts, Declaratory, Delict, Dignity equality freedom, Evidence & onus, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, Legislation, OL Rogers, Orders, Parties, Personal Information, Pleadings, Private enterprises, RMM Zondo, Rules Codes & Manual, Sectors, Selected judges, 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,...

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

by GilesFiles | May 21, 2024 | 2020 onwards, Appeals, Appeals - leave, Causes and defences, Compensation, ConCourt judges, Constitutional Court, Costs, Courts, Declaratory, Interpretation etc, Judges, Jurisdiction & powers, Labour Relations, Lawfulness & fairness, Legal Practice, Legislation, Logistics, LRA 1995, LRA 8a: 185-197B Dismissal, LRA 8a: 189 and 189A see Termination, OL Rogers, Operational reasons, Orders, Parties, Personal services, Private enterprises, Resolving disputes (LRL 3), Restructuring, Review tests, RMM Zondo, Rules Codes & Manual, Sectors, Selected judges, Severance pay, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics | 0 |

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Professional negligence claim: Carve-out exception explained

by GilesFiles | Dec 18, 2023 | 2020 onwards, Allowed, Appeals, Appeals - leave, Causes and defences, ConCourt judges, Constitutional Court, Contractual breach, Costs, Courts, Declaratory, Delict, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, Legislation, OL Rogers, Orders, Parties, Personal services, Pleadings, Private enterprises, Sectors, Selected judges, Statutory, Topics | 0 |

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...

Mistakenly withdrawn claim: Employee’s appeal allowed

by GilesFiles | Dec 12, 2023 | 2020 onwards, Allowed, Bill of Rights, Causes and defences, ConCourt judges, Constitutional Court, Costs, Courts, Interpretation etc, Judges, Jurisdiction & powers, Labour Relations, LC Rules-old, leave to appeal, Legal Practice, Legislation, Logistics, LRA 1995, LRA 7: 112-184 Dispute, LRA D: 151-166 LC, Objective - correctness, OL Rogers, Orders, Parties, Private enterprises, Resolving disputes (LRL 3), Review tests, Roman Dutch law, Rules Codes & Manual, Sectors, Selected judges, Statutes (LRL 2)-work, Topics | 0 |

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...

Improperly obtained award: Access to justice?

by GilesFiles | Aug 21, 2023 | 2020 onwards, Allowed, Appeals, Appeals - leave, Awards -s145 see also Sidumo, Bill of Rights, Causes and defences, ConCourt judges, Constitutional Court, Courts, Declaratory, Evidence & onus, Hearing procedure, Hearsay, Interpretation etc, Judges, Jurisdiction & powers, Labour Relations, Legal Practice, Legality principle, Legislation, LRA 1995, LRA 7: 112-184 Dispute, LRA C: 133-150 CCMA, Manufacturing, Mining, Misconduct & incapacity, OL Rogers, Orders, Parties, Private enterprises, Resolving disputes (LRL 3), Review tests, Sectors, Selected judges, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics | 0 |

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...

Replacements during lockout: When strike ends?

by GilesFiles | Apr 18, 2023 | 2020 onwards, 2020 onwards, Allowed, Appeals, Appeals - leave, Bill of Rights, Causes and defences, Collective Bargain (LRL 5), ConCourt judges, Constitutional Court, Costs, Courts, Declaratory, Evidence & onus, Interpretation etc, Judges, Jurisdiction & powers, Labour Relations, Landmark judgments, Legal Practice, Legislation, Limits - 65, Lockout/exclusion, Logistics, LRA 1995, LRA 4: 64-77 Strikes, LRA 7: 112-184 Dispute, OL Rogers, Orders, Parties, Power plays (LRL 6), Practices (LRL 9), Private enterprises, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, Selected judges, Statutes (LRL 2)-work, Statutory, Strikes - 64, 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,...

Beneficial interest explained: Regulating ownership

by GilesFiles | Mar 28, 2023 | 2020 onwards, Allowed, Appeals, Appeals - leave, Causes and defences, ConCourt judges, Constitutional Court, Costs, Courts, General, Interpretation etc, Judges, Legal Practice, Legislation, OL Rogers, Orders, Parties, Private enterprises, SA Majiedt, Sectors, Selected judges, Topics, Trade | 0 |

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Refunding contributions considered: Disallowed appeal

by GilesFiles | Mar 14, 2022 | 2020 onwards, Appeals, Appeals - leave, Causes and defences, Central, ConCourt judges, Constitutional Court, Costs, Courts, Disallowed, Government, High Court judges, Interpretation etc, Judges, Legal Practice, Legislation, OL Rogers, Orders, Parties, Pension & retirement funds, Sectors, Statutory, Topics | 0 |

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Publishing defamatory statements: Unlawfulness?

by GilesFiles | Jun 23, 2021 | 2020 onwards, Appeals, Appeals - leave, Applications, Bill of Rights, Causes and defences, Courts, Delict, Dignity equality freedom, Disallowed, Evidence & onus, HC Uniform, Interdicts & rules, Judges, Jurisdiction & powers, Legal Practice, OL Rogers, Orders, Roman Dutch law, Rules Codes & Manual, SCA judges, Special pleas, Supreme Court of Appeal, Topics | 0 |

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...

Category: OL Rogers