Associations Archives

Voluntary severance package: Refusal to re-appoint rational

by GilesFiles | Feb 6, 2019 | 2019, Appointed LC judges, Associations, Bargaining councils, Courts, Discrimination (LRL 11), EEA Chpt II ss 5-11, Employment Equity (LRL 12), Employment Equity Act 1998, Judges, Labour Court, Labour Court judges, Labour Relations, Parties, 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,...

Third party liability: Indemnity for injury sustained

by GilesFiles | Feb 6, 2019 | 2019, Associations, Common Law, Community schemes, Courts, High Court, High Court judges, Hospitality, Judges, Legal Practice, Parties, Sectors, 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,...

Property management company: Dismissal of complex manager

by GilesFiles | Jan 11, 2019 | 2019, Appointed LC judges, Associations, Body corporates, Courts, Dismissal: operational requirements, Dismissal: without forfeiture of rights, Dispute Resolution (LRL 3), Financial services, Judges, Labour Court, Labour Court judges, Labour Relations, Parties, Sectors, 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,...

Fit and proper: Advocates and legal practice

by GilesFiles | Jul 10, 2018 | 2018, Associations, Bill of Rights, Common Law, Courts, Judges, Legal Practice, Legislation, Parties, SCA judges, Sectors, Supreme Court of Appeal, Topics | 0 |

Jiba v GCB of SA; Mrwebi v GCB of SA By a majority of three to two the SCA allowed the appeal of two advocates, except that one of them was suspended for 6 months, and decided that they were fit and proper persons to be allowed...

Unfit and improper: Advocates and legal practice

by GilesFiles | Jul 10, 2018 | 2018, Associations, Bill of Rights, Common Law, Courts, Judges, Legal Practice, Legislation, Parties, SCA judges, Sectors, Supreme Court of Appeal, Topics | 0 |

Jiba v GCB of SA; Mrwebi v GCB of SA Two appellate division judges dissented and would not have allowed the appeal and found that the two appellants were unfit and improper persons to be allowed to practise as advocates even...

Van Heerden test: Remedial and restitutionary equality

by GilesFiles | Jul 5, 2018 | 2018, 2018, Associations, Bill of Rights, ConCourt judges, Constitutional Court, Courts, Dignity equality freedom, Judges, Landmark judgments, Legal Practice, Legislation, Parties, Topics | 0 |

Minister of Justice & Constitutional Development v Saripa The constitutional court considered the Van Heerden test and in particular pointed out that arbitrariness and rationality are separate requirements of the rule of...

Minister fails to meet jurisdictional pre-requisites

by GilesFiles | Feb 15, 2018 | 2018, 2018, Appointed LC judges, Associations, Bargaining councils, Collective Bargaining (LRL 5), Courts, Dispute Resolution (LRL 3), Employment Relations (LRL 1), Judges, Labour Court, Labour Court judges, Labour Relations, Labour Relations Act 1995, Landmark judgments, Metal & engineering, Organisations (LRL 4), Parties, Sectors, Statutes (LRL 2) - work law, Topics | 0 |

Essence Labour court reviewed and invalidated the Minister’s decision to extend bargaining council administration agreement to non-parties because she failed to comply with LRA s 32(3), 32(5) read with s 32(1) and could...

Exhausting internal remedies: Exception under PAJA

by GilesFiles | Jan 17, 2018 | 2018, Associations, Bill of Rights, Courts, Judges, KGB Swain, Legislation, Parties, 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,...

Guiding principles: application of policies in general

by GilesFiles | Sep 22, 2017 | 2017, Associations, Bill of Rights, Common Law, Community schemes, Courts, Government - central, Judges, KGB Swain, Legislation, Parties, 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,...

Bargaining council agreement: Invalidly extended

by GilesFiles | Apr 26, 2017 | 2017, Associations, Bargaining councils, Collective Bargaining (LRL 5), Dispute Resolution (LRL 3), Employment Relations (LRL 1), Labour Court, Labour Relations, Labour Relations Act 1995, Metal & engineering, Miscellaneous, Sectors, Statutes (LRL 2) - work law, Topics | 1 |

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,...

Association’s right to represent individual members

by GilesFiles | Mar 30, 2017 | 2017, Associations, Bill of Rights, Dispute Resolution (LRL 3), Miscellaneous, Organisations (LRL 4), Supreme Court of Appeal, Words & phrases | 0 |

The SCA allowed the appeal and held that the full court erroneously failed to recognise that the taxi association was, in terms of s 38(e) of the Constitution, entitled to apply to the high court for appropriate relief acting in...

Lodge members’ proxies at any time before meeting

by GilesFiles | Mar 16, 2017 | 2017, Associations, Community schemes, Homeowners associations, Judges, KGB Swain, Legislation, Statutes (LRL 2) - work law, Supreme Court of Appeal, Words & phrases | 0 |

The SCA disallowed the appeal of a member of a Homeowners Association who disputed the validity of various resolutions taken at a meeting of members. The dispute concerned the validity of proxies. Section 58(1) of the...

Category: Associations