Associations & corporate bodies Archives

Self-created urgency: Parallel processes decried

by GilesFiles | Jun 24, 2021 | 2020 +, Applications, Appointed LC judges, Associations & corporate bodies, Courts, Dispute Resolution (LRL 3), Exceptions/special pleas, Interdicts and rule nisi, Judges, Labour Court, Labour Court judges, Labour Relations, Labour Relations Act 1995, LC Rule 8, LC Rules, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, Orders, Orders re costs, Parties, Personal services, Refused, Rules and practice manuals, Sectors, self-created urgency, Statutes (LRL 2) - work law, Struck off, 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,...

Unwanted unwelcome conduct: Undermining dignity self-worth

by GilesFiles | May 13, 2021 | 2020 +, Appointed LC judges, Associations & corporate bodies, Awards -s145, Bill of Rights, Conduct or capacity, Courts, Dignity equality freedom, Dispute Resolution (LRL 3), Edwin Tlhotlhalemaje, Evidence and onus, Finance, Harassment & bullying, Judges, Labour Court, Labour Court judges, Labour Relations, Labour Relations Act 1995, LC Rule 7A(8)(a), LC Rule 7A(8)(b), LC Rules, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, LRA Chpt: 8a: s185-197B Dismissals, Misconduct generally, Orders, Parties, Review tests, Rules and practice manuals, Sectors, Sidumo - reasonableness, Statutes (LRL 2) - work law, Termination & dismissal (LRL 8), Topics, Valid reason and fair reason | 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,...

Collective agreement extended: Reviewed and set aside

by GilesFiles | May 10, 2021 | 2020 +, Appointed LC judges, Associations & corporate bodies, Courts, Declaratory, Dispute Resolution (LRL 3), Interpretation and application, Judges, Labour Court, Labour Court judges, Labour Relations, Labour Relations Act 1995, Legal Practice, Legality principle, Legislation, LRA Chpt: 3: s11-63 Collective Bargaining, LRA Chpt: 7: s112-184 Dispute resolution, Orders, Organs of state, PAJA 2000, Parties, Review tests, Rulings - s158(1)(g), Sectors, Statutes (LRL 2) - work law, 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,...

Testing reasonable prospects: Remote or reasonable chance

by GilesFiles | Mar 31, 2021 | 2020 +, appeal, Appeals, Associations & corporate bodies, Cause: general, Cause: regulations, Common Law, Courts, Declaratory, Evidence and onus, Exceptions/special pleas, Granted, illegal, Interpretation and application, Judges, Legal Practice, Orders, Parties, Plascon-Evans rule, SCA judges, Sectors, Special pleas, Supreme Court of Appeal, Topics | 0 |

Ramakatsa v African National Congress The importance of this matter and testing reasonable prospects of an appeal compelled the SCA to grant leave to appeal and emphasised that ‘no doubt can exist that the ANC just like...

Athlete spectator collision: Keep proper lookout

by GilesFiles | Mar 19, 2021 | 2020 +, Associations & corporate bodies, Cause: delict, Common Law, Courts, Declaratory, Evidence and onus, Factual disputes, High Court, High Court judges, Judges, Legal Practice, Orders, Parties, Private enterprises, Statement of claim, Third party notices, Topics | 0 |

Salie v Western Province Athletics In resolving a claim by a spectator against an athlete involving a collision during a race the high court decided that knowing that a race was underway it could reasonably have been anticipated...

Lodging appeal effect: Suspension of order?

by GilesFiles | Feb 19, 2021 | 2020 +, Appeals, Applications, Associations & corporate bodies, Cause: general, Common Law, Courts, Declaratory, High Court, High Court judges, Interpretation and application, Judges, Jurisdiction and powers, Legal Practice, Legislation, Non-profit organisations, Orders, Parties, Personal services, Roman Dutch law principles, Sectors, Special pleas, Topics | 0 |

Cotty v Registrar: Council for Medical Schemes High court confirmed that the effect at common law of lodging an appeal against a court order has the effect of suspending the operation of the decision appealed against but when...

Unprofessional conduct considered: Council practice watchdog

by GilesFiles | Jan 15, 2021 | 2020 +, appeal, Appeals, Associations & corporate bodies, Common law review, Courts, Granted, Judges, Jurisdiction and powers, Legal Practice, Legislation, Orders, Parties, Personal services, Review tests, SCA judges, Sectors, 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,...

Just and equitable: Meaning in different contexts

by GilesFiles | Jan 8, 2021 | 2020 +, Applications, Associations & corporate bodies, Cause: statute, Common Law, Community housing schemes, Courts, Declaratory, Evidence and onus, High Court, High Court judges, Judges, Just and equitable relief, Legal Practice, Legislation, Orders, Parties, Plascon-Evans rule, Sectors, Topics | 0 |

Dawson v Sidney on Vaal CPA Without reaching a decision or making a finding the high court pointed out that the applicant had failed to establish that it would be just and equitable to place the first respondent under the...

Advocate readmission refused: Standing of legal bodies

by GilesFiles | Dec 15, 2020 | 2020 +, 2020 +, Appeals, Associations & corporate bodies, Cause: general, Common Law, Courts, Declaratory, Judges, Landmark judgments, Legal Practice, Legal practitioners, Legislation, Orders re costs, Parties, Personal services, Review tests, SCA judges, Sectors, 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,...

Protest action examined: Prism of constitutional rights

by GilesFiles | Nov 27, 2020 | 2020 +, appeal, Applications, Appointed LAC judges, Associations & corporate bodies, Bill of Rights, Collective Bargaining (LRL 5), Courts, Dennis Davis, Dispute Resolution (LRL 3), Granted, Interpretation and application, Judges, Jurisdiction and powers, Labour Appeal Court, Labour Relations, Labour Relations Act 1995, LAC judges, Legal Practice, LRA Chpt: 4: s64-77 Strikes & lockouts, Orders, Parties, Power plays (LRL 6), Protest action, Sectors, Statutes (LRL 2) - work law, 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,...

Invalid procurement regulations: Preferential procurement appeal

by GilesFiles | Nov 2, 2020 | 2020 +, Associations & corporate bodies, Bill of Rights, Central, Courts, Employment equity, Finance, Free and fair, Government, Inherent requirements, Judges, Legal Practice, Legislation, Markets in SA, Organs of state, Parties, SCA judges, Sectors, SOEs (State Owned Enterprises), Supreme Court of Appeal, Termination & dismissal (LRL 8), Topics | 0 |

Afribusiness NPC v Minister of Finance Discretionary pre-qualification criteria stipulated in regulation 4 may constitute an antecedent step but as it is introduced in regulation 4 it creates an additional layer contrary to s...

CCMA representation considered: Employer organisations

by GilesFiles | Oct 7, 2020 | 2020 +, André van Niekerk, Applications, Appointed LC judges, Associations & corporate bodies, Courts, Dispute Resolution (LRL 3), Interpretation and application, Judges, Labour Court, Labour Court judges, Labour Relations, Labour Relations Act 1995, LC Rules, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, Objective or correct, Orders, Parties, Review tests, Rules and practice manuals, Statutes (LRL 2) - work law, 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 & corporate bodies