Banks Archives

Unfair dismissal reason: Reinstatement primary remedy

by GilesFiles | Mar 8, 2022 | 2020 +, Acting LAC judges, Allowed, appeal, Appeals, Awards -s145, Banks, Courts, Dispute Resolution (LRL 3), Evidence and onus, Finance, Gross misconduct, Interpretation and application, Invalid or unfair reason, Judges, Labour Appeal Court, Labour Relations, Labour Relations Act 1995, LAC judges, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, LRA Chpt: 8a: s185-197B Dismissals, Misconduct generally, Not awarded, Orders, Orders re costs, Parties, Review tests, Sectors, Sidumo - reasonableness, Statutes (LRL 2) - work law, Termination & dismissal (LRL 8), Topics, Totality | 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,...

RED listing considered: Jurisdiction lacking to interdict

by GilesFiles | Mar 7, 2022 | 2020 +, Acting LC judges, Applications, Banks, BCEA 1997, BCEA 77(3) and 77A(e), Courts, Declaratory, Dispute Resolution (LRL 3), Exceptions/special pleas, Finance, Interdicts and rule nisi, Interpretation and application, Judges, Jurisdiction and powers, Labour Court, Labour Court judges, Labour Relations, Labour Relations Act 1995, Legal Practice, Legislation, LRA Chpt: 7: s112-184 Dispute resolution, Not awarded, Orders, Orders re costs, Parties, Refused, Sectors, Special pleas, 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,...

Lawful employment termination: compliance with contract

by GilesFiles | Jan 31, 2022 | 2020 +, absolution from instance, Applications, Banks, Bill of Rights, Bill of Rights, Causes of action, Contractual breach, Courts, Delict, Dignity equality freedom, Dismissal generally, Evidence and onus, Evidentiary burden, Exceptions/special pleas, Finance, High Court, High Court judges, Judges, Lawfulness, Legal Practice, Legislation, Meaning of dismissal, Orders, Orders re costs, Parties, Proof required, Res judicata (issue estoppel), Sectors, Special pleas, Substantial reason-other, Termination & dismissal (LRL 8), Topics, Valid reason and fair reason | 0 |

Moyo v Old Mutual Ltd Lawful employment termination confirmed by high court after considering and rejecting all the alleged breaches and decided that the abandonment of the main claim for re-instatement did not do away with the...

Entrapment hearsay evidence: Reviewable irregularity?

by GilesFiles | Aug 3, 2021 | 2020 +, Acting LC judges, Awards -s145, Banks, Courts, Dismissal generally, Dispute Resolution (LRL 3), Evidence and onus, Finance, Gross misconduct, Hearsay, Judges, Labour Court, Labour Court judges, Labour Relations, Labour Relations Act 1995, LC Practice Manual, LC Rules, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, LRA Chpt: 8a: s185-197B Dismissals, Misconduct generally, Orders, Parties, Review tests, Rules, Sectors, Sidumo - reasonableness, Statutes (LRL 2) - work law, Termination & dismissal (LRL 8), Topics, Trust and confidence | 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,...

Contractual interpretation considered: Concept of good faith

by GilesFiles | Jul 9, 2021 | 2020 +, 2020 +, Allowed, appeal, Appeals, Banks, Bill of Rights, Bill of Rights, Causes of action, Courts, Dignity equality freedom, DN Unterhalter, Endumeni Municipality case, Evidence and onus, Finance, General, High Court judges, Interpretation and application, Judges, Landmark judgments, Legal Practice, Orders, parol evidence rule, Parties, Private enterprises, Roman Dutch law principles, SCA judges, Sectors, Supreme Court of Appeal, Topics | 0 |

Capitec Bank Holdings Ltd v Coral Lagoon Investments 194 (Pty) Ltd Contractual interpretation considered and question is whether courts are permitted to impose agreements that parties did not make – whether in the cause of good...

Funds wrongfully misappropriated: Legal duty to third parties

by GilesFiles | Mar 18, 2021 | 2020 +, appeal, Appeals, Banks, Causes of action, Consumer protection, Courts, Declaratory, Delict, Disallowed, Exceptions/special pleas, Finance, General, Interpretation and application, Judges, Legal Practice, Orders, Parties, prescription, Roland Sutherland, Roman Dutch law principles, SCA judges, Sectors, Supreme Court of Appeal, Topics | 0 |

FirstRand Bank Ltd v Spar Group Ltd SCA considered case where funds were wrongfully misappropriated and decided that although disbursements from the bank accounts by a customer were not a breach of fiduciary duty they were...

Suspicious conduct insufficient: Dismissal and reinstatement?

by GilesFiles | Dec 18, 2020 | 2020 +, Acting LAC judges, Adverse inferences, appeal, Appeals, Awards -s145, Banks, Capacity, Circumstantial, Compensation, Courts, Dispute Resolution (LRL 3), Evidence and onus, Factual disputes, Finance, Judges, Jurisdiction and powers, Kate Savage, Labour Appeal Court, Labour Relations, Labour Relations Act 1995, LAC judges, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, LRA Chpt: 8a: s189 and 189A see Termination, Misconduct generally, Onus of proof, Orders, Parties, Reinstatement, Review tests, Sectors, Sidumo - reasonableness, Statutes (LRL 2) - work law, Termination & dismissal (LRL 8), Topics, Trust and confidence, 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,...

Resigning immediately analysed: Evading discipline?

by GilesFiles | Dec 10, 2020 | 2020 +, Allowed, appeal, Appeals, Appointed LAC judges, B Waglay, Banks, Causes of action, Contractual breach, Courts, Dismissal generally, Dispute Resolution (LRL 3), Finance, Judges, Labour Appeal Court, Labour Relations, Labour Relations Act 1995, LAC judges, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, LRA Chpt: 8a: s185-197B Dismissals, Orders, Parties, Resignation voluntary, 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,...

Trial referral considered: Different to evidence referral

by GilesFiles | Oct 28, 2020 | 2020 +, Applications, Banks, Courts, Finance, High Court, High Court judges, Insights, Judges, Jurisdiction and powers, Legal Practice, Orders, Parties, Protectable business interests, Public policy, 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,...

Setting aside sale: Execution and condonation refused

by GilesFiles | Oct 12, 2020 | 2020 +, appeal, Appeals, Applications, Attorney client scale, Banks, Causes of action, Condonation, Consumer protection, Courts, De bonis propriis, Disallowed, Interpretation and application, Judges, Legal Practice, Orders, Orders re costs, Parties, punitive costs, Refused, SCA judges, Sectors, Statutory, Supreme Court of Appeal, Topics | 0 |

Huysamen v Absa Bank Ltd Setting aside sale of property in execution not permitted when delay is caused by attorney and it is unacceptable for attorneys to rely on inexperience in conducting appeals because the appeal notice...

Resigning before dismissal: Unlawful and unfair considered

by GilesFiles | Sep 18, 2020 | 2020 +, Applications, Appointed LC judges, Banks, Causes of action, Contractual breach, Courts, Declaratory, Dismissal generally, Dispute Resolution (LRL 3), Finance, GN Moshoana, Interdicts and rule nisi, 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, Orders, 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,...

Case management directions: Postponement separation and discovery

by GilesFiles | Jul 31, 2020 | 2020 +, A.G. Binns-Ward, Amending pleadings, Applications, Banks, Causes of action, Courts, Delict, Evidence and onus, High Court, High Court judges, Judges, Legal Practice, Orders, Parties, Rules, Sectors, Topics | 0 |

Investec Bank Ltd v O’Shea NO High Court discussed case management directions and stressed that a ruling in terms of Uniform Rule 33(4) should be made by the judge and the legal representatives concerned only after very...

Category: Banks