Private enterprises Archives

Restoring land rights: Community not proved

by GilesFiles | Mar 16, 2020 | abuse of process, Agriculture, Applications, Biowatch principle, Courts, Declaratory, Evidence and onus, Exceptions/special pleas, Expert evidence, Government - central, Judges, Jurisdiction and powers, Land Claims Court, Land Claims Court Judges, Legal Practice, Legislation, Orders, Orders re costs, Parties, Private enterprises, punitive costs, Rules and practice manuals, Sectors, Special pleas, Topics, YS Meer | 0 |

Luhlwini Mchunu Community v Hancock Restoring land rights confined by law to persons who are a community or part of a community dispossessed of a right in land after 19 June 1913 as a result of past racially discriminatory laws...

Eviction fatally defective: Right to reside ended?

by GilesFiles | Mar 16, 2020 | 2020, 24 Mining metal ores, appeal, Appeals, BC Mocumie, Bill of Rights, Cause: statute, CHG van der Merwe, Common Law, Courts, Eviction/ejectment, HK Saldulker, Judges, Legal Practice, Legislation, MML Maya, Orders, Parties, Private enterprises, Property, Refused, SCA judges, Sectors, Supreme Court of Appeal, Topics | 0 |

Aquarius Platinum (SA) (Pty) v Bonene Supreme Court of Appeal held that purported eviction fatally defective in that the land owner failed to prove that the right to residence had been terminated after employment was terminated....

Fixed term expired: Dismissal not proved

by GilesFiles | Mar 4, 2020 | 2020, 88 Business activities - other, 99 Service activities other, appeal, Appeals, Appointed LAC judges, B Waglay, Courts, Dismissal: defined, Dismissal: proof required, Dismissal: Reasonable expectation, Dispute Resolution (LRL 3), Evidence and onus, Evidentiary burden, Fixed-term contracts, Granted, Hospitality, 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, Objective, Onus of proof, Orders, Parties, Private enterprises, Review tests, Sectors, Statutes (LRL 2) - work law, Termination (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,...

Alternative offer refused: Severance pay forfeited

by GilesFiles | Mar 4, 2020 | 2020, 99 Service activities other, Acting LAC judges, appeal, Appeals, Awards -s145, Basic Conditions (LRL 10), Courts, Dismissal: Operational requirements - s189, Dispute Resolution (LRL 3), Judges, Kate Savage, Labour Appeal Court, Labour Relations, Labour Relations Act 1995, LAC judges, Legal Practice, Logistics, LRA Chpt: 7: s112-184 Dispute resolution, LRA Chpt: 8a: s185-197B Dismissals, Orders, Parties, Private enterprises, Refused, Review tests, Sectors, Sidumo - reasonableness, Statutes (LRL 2) - work law, Termination (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,...

Striking matter off: Urgency lacking

by GilesFiles | Mar 3, 2020 | 2020, 99 Service activities other, Applications, Appointed LC judges, Courts, Dispute Resolution (LRL 3), Edwin Tlhotlhalemaje, Judges, Jurisdiction and powers, Labour Court, Labour court, Labour Court judges, Labour Relations, Labour Relations Act 1995, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, Orders, Parties, Private enterprises, Rules and practice manuals, Sectors, 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,...

Protectable interests examined: Unrealistic threat

by GilesFiles | Feb 24, 2020 | 2020, 62 Retail trade not vehicles, A.G. Binns-Ward, Applications, Bill of Rights, Cause: contractual breach, Clothing & textiles, Common Law, Competition, Courts, Declaratory, Evidence and onus, High Court, High Court judges, Interdicts and rule nisi, Judges, Jurisdiction and powers, Legal Practice, Onus of proof, Orders, Parties, Philosophy and economics, Plascon-Evans rule, Private enterprises, Refused, Restraints, Sectors, Topics, Urgency | 0 |

Truworths Ltd v de Bruyn Protectable interests examined and high court decided that while the skills and experience developed as a buyer while in the employ of Truworths will be of practical benefit to adidas under her new...

Demarcation award appeal: Creating enterprise groups

by GilesFiles | Feb 18, 2020 | 2020, 35 Manufacture of basic metals, 38 Manufacture transport equipment, appeal, Appeals, Appointed LAC judges, Bargaining councils, Competition, Courts, Dispute Resolution (LRL 3), Judges, Labour Appeal Court, Labour Relations, Labour Relations Act 1995, LAC judges, Legal Practice, LRA Chpt: 3: s11-63 Collective Bargaining, LRA Chpt: 7: s112-184 Dispute resolution, Manufacturing, Motor industry, Orders, Parties, Private enterprises, Refused, Roland Sutherland, Sectors, Statutes (LRL 2) - work law, Topics, Transportation | 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,...

Incompatibility or incapacity: Procedural unfairness compensated

by GilesFiles | Feb 11, 2020 | 2020, 74 Transport supporting auxiliary, 99 Service activities other, Acting LAC judges, appeal, Appeals, Compensation, Courts, Dismissal: Incompatibility, Dismissal: operational requirements, Dismissal: Procedural issues, Dispute Resolution (LRL 3), Granted, John Murphy, Judges, Just and equitable relief, 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, Orders re costs, Parties, Private enterprises, Sectors, Statutes (LRL 2) - work law, Termination (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,...

Arbitrators’ notes privileged: Disclosure not required

by GilesFiles | Feb 11, 2020 | 2020, 2020, 99 Service activities other, Applications, Bill of Rights, Cause: Bill of Rights, Cause: statute, Common Law, Courts, Declaratory, DN Unterhalter, High Court, High Court judges, Interpretation and application, Judges, Jurisdiction and powers, Landmark judgments, Legal Practice, Legal practitioners, Legality principle, Legislation, LRA Chpt: 7: s112-184 Dispute resolution, Orders, Parties, Philosophy and economics, Private enterprises, Review tests, Rules and practice manuals, Sectors, Topics, Uniform High Court | 0 |

Zamani Marketing and Management Consultants (Pty) Ltd v HCI Invest 15 Holdco (Pty) Ltd Arbitrators notes ‘privileged’ and high court decided that “. . . , as a general matter, the arbitrators’ notes are too...

Ruling reviewed reversed: Unreasonable decision

by GilesFiles | Jan 31, 2020 | 2020, 81 Financial intermediation not insurance, 83 Financial intermediation auxiliary, 87 Research development, 88 Business activities - other, André van Niekerk, Appointed LC judges, Condonation, Courts, Dispute Resolution (LRL 3), Financial services, Granted, Judges, Labour Court, Labour Court judges, Labour Relations, Labour Relations Act 1995, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, Orders, Parties, Private enterprises, 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,...

Jurisdictional issues considered: Leave pay declined

by GilesFiles | Jan 28, 2020 | 2020, 62 Retail trade not vehicles, Applications, Appointed LC judges, Basic Conditions (LRL 10), BCEA 1997, BCEA 77(3) and 77A(e), BM Whitcher, Cause: delict, Cause: statute, Common Law, Courts, Declaratory, Dispute Resolution (LRL 3), Exceptions/special pleas, Judges, Jurisdiction and powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Orders, Orders re costs, Parties, Private enterprises, Sectors, Special pleas, Statement of claim, 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,...

Reinstatement order reversed: Appealing interim order

by GilesFiles | Jan 14, 2020 | 2020, Appeals, Common Law, Courts, Dismissal: lawfulness, Dispute Resolution (LRL 3), erroneously granted, erroneously sought, Financial services, High Court, High Court judges, Interdicts and rule nisi, Judges, Jurisdiction and powers, Labour Relations, Labour Relations Act 1995, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, LRA Chpt: 8a: s185-197B Dismissals, Orders, PA Meyer, Parties, Private enterprises, Reinstatement, Sectors, Specific performance, Statutes (LRL 2) - work law, Termination (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,...

Category: Private enterprises