Category: Landmark judgments

Municipal debts: Registered transfer ends property charge

 Essence Municipal debts are a ‘charge upon the property’ under s 118(3) of the Municipal Systems Act 32 of 2000 but they are not transmitted to a new owner on registration of transfer.  Judgment Jordaan v City...

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Deemed employment: Placed workers ito LRA s198A(3)(b)(i)

 Essence The LAC interpreted LRA 198A(3)(b)(i) to mean that employees placed on a temporary basis with clients become employees after 3 months by operation of law. Deemed employment is a very contentious issue. ...

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Without prejudice rule: Exception for extinctive prescription

The SCA considered the without prejudice rule and allowed the appeal after accepting there was an exception to the rule. KLD Residential CC v Empire Earth Investments 17 (Pty) Ltd (1135/2016) [2017] ZASCA 98 ; [2017] JOL 38182...

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Testing bipolar employees: Invalid contractual term

Because of an invalid contractual term relating to testing bipolar employees the LAC disallowed the employer’s appeal and effectively upheld the judgment of the Labour Court (Lagrange J).  The reason for dismissal related to...

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