Category: Non-profit organisations

Negative obligation imposed: Right to basic education

AB v Pridwin Preparatory School Negative obligation imposed and new rule developing the common law under section 8(3)(a) of the Constitution, that was non-existent  under the common law or in terms of any prior legislation, by...

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Dismissal separate proceedings: Adjudicate and arbitrate

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,...

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Conflating appeal and review: Failure to review?

South Durban CEA v MEC for Economic Development, Tourism and Environmental Affairs: KZN Conflating appeal and review and SCA stated that this ‘may well have been the kind of matter, where both decisions should have been...

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Material contractual breach: Abandoning disciplinary procedure?

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Insourcing product assembly: Going concern not transferred

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,...

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Certification tests nullified: Unlawful amendment to EEA sec 8

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,...

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Dis-fellowshipped: Decision reviewed and set aside

Fortuin v Church of Christ Mission of the RSA (3626/15) [2016] ZAECPEHC 18 (5 May 2016) per FY Renqe AJ. The applicant was ‘dis-fellowshipped’ because he divorced his wife and married someone else.  He was entitled to a fair...

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Profitable cottage industry: Useless disciplinary hearings

National Bioinformatics Network Trust v Jacobson Labour court expressed dismay about the profitable cottage industry that has developed in conducting useless protracted formal workplace hearings that would make any criminal...

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Avoid formal hearings: Not legally required

Avril Elizabeth Home for the Mentally Handicapped v CCMA The labour court decided that employers and senior management should avoid formal enquiries in workplaces because the continued application of the criminal justice model...

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