Banks Archives | GilesFiles

Justice finally achieved: Reinstated until retirement

by GilesFiles | Sep 21, 2018 | 2018, Appointed LC judges, Banks, Capability or capacity, Courts, Dispute Resolution (LRL 3), Financial services, Incompatibility, Judges, Labour Court, Labour Court judges, Labour Relations, Labour Relations Act 1995, LRA Chpt: 7: s112-184 Dispute resolution, LRA Chpt: 8a: s185-197B Dismissals, LRA Part C: s133-150 CCMA dispute resolution, Misconduct - general, Parties, Remedies, Review tests, Sectors, Statutes (LRL 2) - work law, Termination (LRL 8), Topics, Valid reason & 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,...

NCA’s core objective: Protection of consumers

by GilesFiles | Apr 11, 2018 | 2018, Banks, Common Law, Courts, Financial services, Legal Practice, Legislation, Parties, Sectors, Supreme Court of Appeal | 0 |

Mostert v Firstrand Bank t/a RMB Private Bank The NCA’s core objective is the protection of consumers. Payment ito s 129(3) National Credit Act 34 of 2005 may be made on behalf of the consumer and payment accepted on...

Automatically unfair discriminatory dismissal: Dual claims considered

by GilesFiles | Mar 6, 2018 | 2018, Anton Steenkamp, Automatically unfair, Banks, Discrimination (LRL 11), Dispute Resolution (LRL 3), Employment Equity (LRL 12), Employment Equity Act 1998, Financial services, Judges, Jurisdiction & powers, Labour Court, Labour Relations, Legislation, Parties, Remedies, Sectors, Termination (LRL 8), Valid reason & 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,...

Remedial action: Reviewed and set aside

by GilesFiles | Feb 16, 2018 | 2018, 2018, Banks, Bill of Rights, Financial services, High Court, Landmark judgments, Legislation, Parties, Sectors, 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,...

Implied unlawful competition restraint: Depends on the facts

by GilesFiles | Nov 17, 2017 | 2017, Anton Steenkamp, Banks, Common Law, Dispute Resolution (LRL 3), Financial services, Interdicts and rule nisi, Judges, Labour Court, Parties, Sectors | 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,...

Job prospects: stigma damages and employer duties

by GilesFiles | Sep 21, 2017 | 2013 and earlier, Banks, Common Law, Financial services, Insights, Landmark judgments, Parties, Sectors | 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,...

Breach of PAJA: FAISA debarment and no delictual claim

by GilesFiles | Sep 21, 2017 | 2017, 2017, Banks, Bill of Rights, Cause of action, Common Law, Courts, Dispute Resolution (LRL 3), Financial services, Judges, Labour Relations, Landmark judgments, Legislation, Parties, Sectors, Supreme Court of Appeal, Topics | 0 |

Essence A breach of PAJA does not provide a delictual cause of action or remedy if its provisions are not complied with in general or relating to procedural fairness in particular. Decision Odifin (Pty) Ltd v Reynecke (906/2016)...

Dismissal reason: Operational requirements or incapacity

by GilesFiles | Jul 10, 2017 | 2017, Acting LC judges, Banks, Courts, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations Act 1995, Operational requirements, Sidumo test - reasonableness, Termination (LRL 8), Valid reason & 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,...

Injury and poor health: Valid and fair reason to dismiss

by GilesFiles | Jun 27, 2017 | 2017, Banks, Basic Conditions (LRL 10), Courts, holistic approach, ill health and illness, Judges, Labour Court, Miscellaneous, Operational requirements, Sidumo test - reasonableness | 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,...

Debarment of representative: Right to be heard

by GilesFiles | Jun 21, 2016 | 2016, Banks, Bill of Rights, Courts, Financial services, High Court, Judges, Legislation, Parties, Sectors, Topics | 0 |

The financial service provider (FSP) believed the employee acted dishonestly and started an investigation, whereupon the employee resigned forthwith and failed to participate in the process. The FSP decided he was ‘dishonest’...

LRA 191(6): CCMA director referring dispute to labour court

by GilesFiles | Mar 15, 2013 | 2017, André van Niekerk, Banks, Jurisdiction & powers, Legal Practice, Sidumo test - reasonableness, Valid reason & fair reason | 0 |

Mbhele v SA Bank Note Company (Pty) Ltd (JS 844/11) [2013] ZALCJHB 29; (2013) 34 ILJ 2889 (LC) (15 March 2013) per Van Niekerk J. LRA 191(6) allows the CCMA director to refer disputes to the labour court. Not all labour...

Natural justice: unfair labour practices

by GilesFiles | Mar 28, 2010 | 2013 and earlier, 2013 and earlier, Banks, Benefits, Bill of Rights, Judges, Landmark judgments, MJD Wallis, Supreme Court of Appeal | 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: Banks