RMM Zondo Archives - GilesFiles

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,...

Calculating working days: Calendar or official?

by GilesFiles | Aug 21, 2024 | 2020 onwards, Absenteeism, Causes and defences, Central, ConCourt judges, Constitutional Court, Contractual breach, Costs, Courts, Government, Interpretation etc, Judges, Jurisdiction & powers, Labour Relations, Legal Practice, Legislation, LRA 1995, LRA 8a: 185-197B Dismissal, Orders, Parties, Resolving disputes (LRL 3), Review tests, RMM Zondo, Rules Codes & Manual, Sectors, Selected judges, State organs, 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,...

Applying LRA 198A(18): Majority judgment

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

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

by GilesFiles | May 21, 2024 | 2020 onwards, Appeals, Appeals - leave, Causes and defences, 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 |

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,...

Excluding contractual liability: Exemption clause considered

by GilesFiles | Jun 28, 2023 | 2020 onwards, 2020 onwards, Appeals, Appeals - leave, Bill of Rights, Causes and defences, ConCourt judges, Constitutional Court, Contractual breach, Costs, Courts, Declaratory, Disallowed, Evidence & onus, Interpretation etc, Judges, Landmark judgments, Legal Practice, Logistics, Orders, Parties, Private enterprises, RMM Zondo, Roman Dutch law, Rules Codes & Manual, Sectors, Selected judges, Topics | 0 |

Fujitsu Services Core (Pty) Ltd v Schenker SA (Pty) Ltd Does excluding contractual liability for intentional acts of employees when handling goods of customers fall foul of public policy? “[142] The making of prior special...

Adverse credibility findings: Witness dignity rights

by GilesFiles | Nov 29, 2022 | 2020 onwards, Appeals, Appeals - leave, Bill of Rights, Causes and defences, ConCourt judges, Constitutional Court, Costs, Courts, Declaratory, Dignity equality freedom, Disallowed, Evidence & onus, General, Interpretation etc, Judges, Jurisdiction & powers, leave to appeal, Legal Practice, Legality principle, Orders, Parties, Personal services, Private enterprises, RMM Zondo, Roman Dutch law, Sectors, Special pleas, Statutory, Topics | 0 |

Lebea v Menye If adverse credibility findings are made against witnesses in legal proceedings do they have a right to claim their dignity was impaired? “[43] It seems to me that there are too many potential complications...

Right to privacy: Content and scope in home

by GilesFiles | Sep 18, 2018 | 2018, 2018, Bill of Rights, ConCourt judges, Constitutional Court, Courts, Dignity equality freedom, Judges, Landmark judgments, Legislation, LRA 1995, Personal Information, RMM Zondo, Topics | 0 |

Minister of Justice and Constitutional Development v Prince (Clarke and Others Intervening); NDPP v Rubin; NDPP v Acton Certain statutory provisions, purporting to criminalise the use or possession in private or cultivation in a...

Customary law interpretation: Commission – finality of decision

by GilesFiles | Sep 11, 2018 | 2018, Bill of Rights, Causes and defences, ConCourt judges, Constitutional Court, Courts, Customary Law, Judges, RMM Zondo, Topics | 0 |

Sigcau v Minister of Cooperative Governance and Traditional Affairs Customary law interpretation: the majority decided that the decision of the Commission is final and stands unless it is set aside by a court of law on review....

Organisational rights threshold: DCJ supporting judgment

by GilesFiles | Aug 23, 2018 | 2018, Appeals, Bill of Rights, Central, ConCourt judges, Constitutional Court, Courts, Judges, Labour Relations, LRA 1995, LRA 3: 11-63 Bargain, Organisations (LRL 4), Parties, Resolving disputes (LRL 3), RMM Zondo, Sectors, Statutes (LRL 2)-work, Topics, Trade unions | 0 |

Popcru v Sacoswu (DCS) Organisational rights threshold and Zondo DCJ adopted a slightly different approach to the merits. ‘Although the issue that this Court had to decide in Bader Bop was different from the issue that we...

Another DCJ dissent: Vicarious liability jurisdiction

by GilesFiles | Jun 27, 2018 | 2018, Appeals, Bill of Rights, Causes and defences, ConCourt judges, Constitutional Court, Courts, Delict, Interpretation etc, Judges, RMM Zondo, Topics, Trust & confidence, Vicarious liability | 0 |

Booysen v Minister of Safety and Security Another DCJ dissent: Zondo DCJ explained his dissent as follows. “I have had the opportunity of reading the judgment (first judgment) prepared by my Colleague, Mhlantla J. The...

DCJ dissents again: Incompatibility Prescription Act and LRA

by GilesFiles | Mar 20, 2018 | 2018, ConCourt judges, Constitutional Court, Courts, General, Judges, Jurisdiction & powers, Labour Relations, Legal Practice, Legislation, LRA 1995, Resolving disputes (LRL 3), RMM Zondo | 0 |

 Essence The DCJ dissents again, supported by the CJ and two other justices, and does not agree that a referral of an unfair dismissal dispute to the CCMA for conciliation is a process commencing legal proceedings.  Decision...

Workplace mediation: Achieving just outcomes

by GilesFiles | Mar 12, 2018 | BCEA 1997 (LRL 10), Insights, Kate O'Regan, Labour Relations, LRA 1995, Operational reasons, Resolving disputes (LRL 3), RMM Zondo, Statutes (LRL 2)-work, Termination (LRL 8), Topics | 0 |

Workplace mediation: Talk delivered on 7 March 2018 by Graham Giles at Mediation and Justice in South Africa conference “Who are the collaborators in and across the industries and how can we ensure that mediation achieves...

Category: RMM Zondo