Associations Archives

Language policy unconstitutional: Resolution set aside

by GilesFiles | Jun 30, 2020 | 2020, 2020, Appeals, Associations, Bill of Rights, Courts, Dignity equality freedom, Judges, Landmark judgments, Legal Practice, Legislation, MML Maya, Parties, SCA judges, Sectors, Supreme Court of Appeal, Topics, Universities and schools | 0 |

AfriForum NPC v Chairperson: Council: University of South Africa The SCA upheld the appeal with costs and declared that the new language policy adopted by Unisa is unconstitutional and set aside the resolution because Unisa...

Intolerable continued employment: Queen bee syndrome

by GilesFiles | Jun 19, 2020 | 2020, André van Niekerk, Appointed LC judges, Associations, Attorney client scale, Constructive, Courts, Dispute Resolution (LRL 3), Judges, Labour Court, Labour Court judges, Labour Relations, Labour Relations Act 1995, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, LRA Chpt: 8a: s185-197B Dismissals, Non-profit organisations, Objective or correct, Orders re costs, Parties, Review tests, Rulings - s158(1)(g), Sectors, Statutes (LRL 2) - work law, Termination & dismissal (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,...

Business rescue plan: Unfair dismissal procedure?

by GilesFiles | May 8, 2020 | 2020, André van Niekerk, Applications, Appointed LC judges, Associations, Courts, Declaratory, Dispute Resolution (LRL 3), Granted, Interdicts and rule nisi, Interpretation and application, Judges, Jurisdiction and powers, Labour Court, Labour court, Labour Court judges, Labour Relations, Labour Relations Act 1995, Legal Practice, Legislation, LRA Chpt: 7: s112-184 Dispute resolution, LRA Chpt: 8a: s185-197B Dismissals, Management, Markets in SA, Operational process -s189A(13), Operational reasons-189A, Orders, Parties, philosophy / economics, Procedural issues, Risks, Sectors, SOEs (State Owned Enterprises), Statutes (LRL 2) - work law, Termination & dismissal (LRL 8), Topics, Trade unions, Urgency | 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,...

Copyrighting computer program: Disputed authorship

by GilesFiles | Apr 1, 2020 | 2020, Agriculture, Appeals, Associations, Cause: statute, Common Law, Competition, Courts, Evidence and onus, Judges, Legal Practice, Legislation, MS Navsa, Onus of proof, Parties, SCA judges, Sectors, Supreme Court of Appeal, Topics | 0 |

Bergh v Agricultural Research Council Copyrighting computer program and decided that the provision of ‘functional requirements and a periodic review of progress being made in the development of the program and testing it...

Juristic personality examined: Need to cite trustees?

by GilesFiles | Mar 25, 2020 | 2020, appeal, Appeals, Associations, Cause: general, Common Law, Courts, erroneously granted, Exceptions/special pleas, Granted, irregular proceeding, Joinder of parties, Judges, Legal Practice, Orders, Parties, SCA judges, Sectors, Special pleas, Supreme Court of Appeal, Topics, Trustees, XM Petse | 0 |

Tusk Construction Support Services (Pty) Ltd v Independent Development Trust Juristic personality examined in some detail and SCA upheld the appeal and criticised the judge in the high court for not providing a proper reasoned...

Court contempt order: Withdraw defamatory tweets

by GilesFiles | Mar 16, 2020 | 2020, Appeals, Applications, Associations, Bill of Rights, Cause: delict, Common Law, Contempt of court, Courts, Dignity equality freedom, High Court, High Court judges, Judges, Jurisdiction and powers, Legal Practice, Legislation, N Mngqibisa-Thusi, Orders, Parties, Protection of Personal Information, 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,...

Legality review granted: Decision appointing administrator

by GilesFiles | Feb 25, 2020 | 2020, Applications, Appointed LC judges, Associations, Courts, Declaratory, Dispute Resolution (LRL 3), Employment Relations (LRL 1), expedited hearing, GN Moshoana, Government - central, Judges, Labour Court, Labour Court judges, Labour Relations, Labour Relations Act 1995, Legal Practice, Legality principle, Legislation, LRA Chpt: 6: s95-111 Unions and Organisations, LRA Chpt: 7: s112-184 Dispute resolution, Orders, Orders re costs, Organisations (LRL 4), Organs of state, Parties, Review tests, Rules and practice manuals, Sectors, State action - s158(1)(h), Statutes (LRL 2) - work law, Topics, Urgency | 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,...

Material contractual breach: Abandoning disciplinary procedure?

by GilesFiles | Dec 4, 2019 | 2019, Applications, Appointed LC judges, Associations, Attorney client scale, BCEA 1997, BCEA 77(3) and 77A(e), Cause: contractual breach, Common Law, Courts, Dismissal generally, Dispute Resolution (LRL 3), Incompatibility, Invalid or unfair reason, Judges, Labour Court, Labour Court judges, Labour Relations, Labour Relations Act 1995, Lawfulness, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, LRA Chpt: 8a: s185-197B Dismissals, Non-profit organisations, Orders, Orders re costs, Parties, Private enterprises, Procedural issues, punitive costs, RGO Lagrange, Sectors, Specific performance, Statutes (LRL 2) - work law, Termination & dismissal (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,...

Breaching conduct code: Invalid investigation

by GilesFiles | Dec 2, 2019 | 2019, Appeals, Associations, Common Law, Courts, Judges, LE Leach, Legal Practice, Legality principle, Legislation, Parties, Review tests, SCA judges, Sectors, Supreme Court of Appeal, Topics | 0 |

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Administration Agreement cancelled: Going concern transfer?

by GilesFiles | Nov 7, 2019 | 2019, Applications, Appointed LC judges, Associations, Business transfers, Courts, David Gush, Declaratory, Dispute Resolution (LRL 3), Interpretation and application, Joinder of parties, Judges, Jurisdiction and powers, Labour Court, Labour Court judges, Labour Relations, Labour Relations Act 1995, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, LRA Chpt: 8a: s185-197B Dismissals, Orders, Orders re costs, Parties, Sectors, Statutes (LRL 2) - work law, Termination & dismissal (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,...

Agency shop lawful: Compliance with LRA s 25(3)

by GilesFiles | Oct 16, 2019 | 2019, Acting LAC judges, Appeals, Associations, Collective Bargaining (LRL 5), Courts, Dispute Resolution (LRL 3), John Murphy, Judges, Labour Appeal Court, Labour Relations, Labour Relations Act 1995, LAC judges, Legal Practice, LRA Chpt: 3: s11-63 Collective Bargaining, Motor industry, Parties, Sectors, Statutes (LRL 2) - work law, Topics, Trade unions | 0 |

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Non-retroactivity legality principle: LRA s198B examined

by GilesFiles | Oct 16, 2019 | 2019, Appeals, Appointed LAC judges, Associations, Bill of Rights, Courts, Declaratory, Dispute Resolution (LRL 3), Fixed-term contracts, Judges, Labour Appeal Court, Labour Relations, Labour Relations Act 1995, LAC judges, Legal Practice, Legality principle, LRA Chpt: 7: s112-184 Dispute resolution, LRA Chpt: 9: s198-213 General provisions, Operation of law, Orders, P Coppin, Parties, Review tests, Sectors, SOEs (State Owned Enterprises), Statutes (LRL 2) - work law, Termination & dismissal (LRL 8), Topics, Trade unions | 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