RMM Zondo Archives - GilesFiles

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,...

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: Unlawful and void termination

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, 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: 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, 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 |

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...

Category: RMM Zondo