Associations/corporates Archives

Exclusive use areas: Old and new provisions

by GilesFiles | Sep 29, 2025 | 2020 onwards, AP - Community schemes, Applications, Associations/corporates, Body C Manage, Causes and defences, Community schemes, Contractual breach, Costs, Courts, Declaratory, Granted, granted, High Court, High Court judges, Insights, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, Legislation, Orders, Parties, Rules Codes & Manual, Statutory, 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,...

Unlawful collective agreement: Interference with governance

by GilesFiles | Aug 21, 2025 | 2020 onwards, 2020 onwards, AB - Law generally, Allowed, Appeals, Appeals - leave, Associations/corporates, Bill of Rights, Causes and defences, Collective Bargaining (LRL 5), Contractual breach, Costs, Courts, Declaratory, Insights, Interpretation etc, Judges, Jurisdiction & powers, Labour Relations, Landmark judgments, Legal Practice, Legality principle, Legislation, LRA 09: 198-213 General, LRA 1995, Management, Managerial prerogative, Markets in SA, Orders, Parties, Pension & retirement funds, Personal services, philosophy / economics, Resolving disputes (LRL 3), Review tests, RM Keightley, SCA judges, Sectors, State Owned Enterprises, Statutes (LRL 2)-work, Statutory, Supreme Court of Appeal, 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,...

Defaming employee considered: Was there publication?

by GilesFiles | Aug 12, 2025 | 2020 onwards, Applications, Associations/corporates, Bill of Rights, Causes and defences, Costs, Courts, Declaratory, Delict, High Court, High Court judges, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, Legislation, Orders, Parties, Personal services, Refused, Sectors, Special pleas, Topics | 0 |

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Tendering services considered: Failure meant breach

by GilesFiles | Jun 24, 2025 | 2020 onwards, Associations/corporates, Automatic, BCEA 1997 (LRL 10), BCEA 77(3) & 77A(e), Causes and defences, Contractual breach, Costs, Courts, Declaratory, Deemed, Government, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Lawfulness & fairness, Legal Practice, Legislation, Metro, Operation of law, Orders, Parties, Refused, Resolving disputes (LRL 3), RN Daniels, Roman Dutch law, Sectors, Specific performance, State Owned Enterprises, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics, Unlawful and void | 0 |

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Requirements for interdictory relief: All issues addressed

by GilesFiles | Jun 18, 2025 | 2020 onwards, AJ - General, Applications, Associations/corporates, Causes and defences, Costs, Courts, Declaratory, Delict, Free and fair, High Court, High Court judges, Insights, Interdicts & rules, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, Legislation, Markets in SA, Orders, Parties, Personal services, philosophy / economics, Private enterprises, Refused, Sectors, Topics | 0 |

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Creating intolerable conditions: Constructive dismissal proved

by GilesFiles | Mar 28, 2025 | 2020 onwards, AB1 - Fairness principle or concept, Associations/corporates, Bill of Rights, Causes and defences, Constructive: 186(1)(e), Costs, Courts, Declaratory, Evidence & onus, General, Harass & bully, Hearsay, Insights, Interpretation etc, Intolerable, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Lawfulness & fairness, Legal Practice, Legislation, LRA 08a: 185-197B Dismissal, LRA 1995, Management, Managerial prerogative, Objective - correctness, Orders, Parties, Personal services, Resignations, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, Statutory, TC Gandidze, Termination (LRL 8), Topics, Work Science Institute | 0 |

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Striking off attorney: Failed attempt by disgruntled employee

by GilesFiles | Feb 25, 2025 | 2020 onwards, Applications, Associations/corporates, Causes and defences, Costs, Courts, Declaratory, erroneously sought, Evidence & onus, High Court, High Court judges, Interpretation etc, Joinder, Judges, Jurisdiction & powers, Legal Practice, Legislation, Orders, Parties, Personal services, Private enterprises, Sectors, Statutory, Topics | 0 |

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Striking-off application advocate: Common law rights

by GilesFiles | Dec 19, 2024 | 2020 onwards, Appeals, Appeals - leave, Associations/corporates, Bill of Rights, Causes and defences, Costs, Courts, Declaratory, Disallowed, General, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, Legislation, Orders, Parties, Personal services, SCA judges, Sectors, Statutory, Supreme Court of Appeal, Topics | 0 |

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Material non-disclosure: Medical condition not proved

by GilesFiles | Oct 9, 2024 | 2020 onwards, Allowed, Appeals, Appeals - leave, Associations/corporates, Bill of Rights, Causes and defences, ConCourt judges, Constitutional Court, Contractual breach, Costs, Courts, Declaratory, Evidence & onus, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, Legislation, Orders, Parties, Personal services, Pleadings: amending, SA Majiedt, Sectors, Topics, Words & phrases | 0 |

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Convening disciplinary committee: Three-stage inquiry

by GilesFiles | Sep 30, 2024 | 2020 onwards, Applications, Associations/corporates, Causes and defences, Common law, Conduct & capacity, Costs, Courts, Declaratory, Evidence & onus, ex parte, High Court, High Court judges, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, Legislation, Orders, Parties, Personal services, Refused, Resolving disputes (LRL 3), Review tests, Roland Sutherland, Rules Codes & Manual, SDJ Wilson, Sectors, Selected judges, Statutory, Termination (LRL 8), Topics | 0 |

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Remitting dispute to CCMA: Award set aside

by GilesFiles | Sep 18, 2024 | 2020 onwards, Allowed, Appeals, Appeals - leave, Associations/corporates, Awards -s145 see also Sidumo, Causes and defences, Costs, Courts, Declaratory, Edwin Molahlehi, Evidence & onus, Interpretation etc, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, Lawfulness & fairness, Legal Practice, LRA 08b: 185-186(2) Practices, LRA 193, LRA 1995, Non-profit organisations, Orders, Parties, Personal services, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, Selected judges, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics | 0 |

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Maintaining necessary threshold: Tacit and implied terms

by GilesFiles | Sep 6, 2024 | 2020 onwards, André van Niekerk, Appeals, Appeals - leave, Associations/corporates, Bargaining councils, Causes and defences, Collective Bargaining (LRL 5), Courts, Declaratory, Demarcations, Disallowed, Evidence & onus, Interpretation etc, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, Legality principle, Legislation, LRA 03: 11-63 Bargain, LRA 07: 112-184 Dispute, LRA 1995, LRA D: 151-166 LC, Manufacturing, Objective - correctness, Orders, Organisations (LRL 4), Parties, Resolving disputes (LRL 3), Review tests, Sectors, Selected judges, Statutes (LRL 2)-work, Statutory, Thresholds, 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,...

Category: Associations/corporates