Private enterprises Archives

Reinstatement order upheld: Exceptional circumstances?

by GilesFiles | Jul 23, 2021 | 2020 +, appeal, Appeals, Appointed LAC judges, Awards -s145, Construction industry, Courts, Dennis Davis, Dispute Resolution (LRL 3), Evidence and onus, 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, Orders, Parties, Private enterprises, Refused, Reinstatement, Review tests, Sectors, Sidumo - reasonableness, Statutes (LRL 2) - work law, Termination & dismissal (LRL 8), Thresholds, 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,...

Contemplating operational termination: Jinchuan model

by GilesFiles | Jul 21, 2021 | 2020 +, appeal, Appeals, Appointed LAC judges, Courts, Dispute Resolution (LRL 3), Evidence and onus, 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, Mining, Operational requirements-s189, Orders, Orders re costs, Parties, Private enterprises, Refused, Sectors, Statement of claim, Statutes (LRL 2) - work law, Termination & dismissal (LRL 8), Topics, Totality | 0 |

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Unlawful occupation considered: Just and equitable remedy

by GilesFiles | Jul 14, 2021 | 2020 +, Agriculture, appeal, Appeals, Bill of Rights, Courts, Evidence and onus, Judges, Legal Practice, Orders, Parties, Private enterprises, SCA judges, Sectors, Supreme Court of Appeal, Topics | 0 |

Grobler v Phillips Unlawful occupation considered by SCA and pointed out that during the greater part of occupation the property formed part of a farm but gradually the farm became absorbed by the growth of urban developments...

Quantifying back-pay: Material mistake

by GilesFiles | Jul 6, 2021 | 2020 +, 2020 +, appeal, Appeals, Cause: statute, Common Law, Compensation, ConCourt judges, Conduct or capacity, Constitutional Court, Courts, Dispute Resolution (LRL 3), erroneously granted, Evidence and onus, Factual disputes, Judges, Just and equitable relief, Labour Relations, Labour Relations Act 1995, Landmark judgments, leave to appeal, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, LRA Chpt: 8a: s185-197B Dismissals, Mining, Not awarded, Orders, Orders re costs, Parties, Private enterprises, Review tests, Sectors, Sidumo - reasonableness, Statutes (LRL 2) - work law, Termination & dismissal (LRL 8), Topics | 0 |

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Irregular arbitration proceedings: Facts not verified

by GilesFiles | Jul 2, 2021 | 2020 +, Acting LC judges, Awards -s145, Conduct or capacity, Courts, Declaratory, Dispute Resolution (LRL 3), Hospitality, Judges, Labour Court, Labour Court judges, Labour Relations, Labour Relations Act 1995, LC Rule 7A(8)(b), Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, LRA Chpt: 8a: s185-197B Dismissals, Orders, Parties, Private enterprises, Review tests, Sectors, Sidumo - reasonableness, 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,...

Reversing disciplinary sanction: Consistent fair application

by GilesFiles | Jul 2, 2021 | 2020 +, Acting LAC judges, appeal, Appeals, Courts, Dispute Resolution (LRL 3), Evidence and onus, Judges, Labour Appeal Court, Labour Relations, Labour Relations Act 1995, LAC judges, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, Mining, Orders, Parties, Private enterprises, Review tests, Sectors, Statutes (LRL 2) - work law, Termination & dismissal (LRL 8), Topics | 0 |

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Agency shop agreement: Requirements for validity

by GilesFiles | Jun 29, 2021 | 2020 +, Acting LAC judges, appeal, Appeals, Collective agreements, Collective Bargaining (LRL 5), Courts, Dispute Resolution (LRL 3), Evidence and onus, Judges, Labour Appeal Court, Labour Relations, Labour Relations Act 1995, LAC judges, LAC Rules, Legal Practice, LRA Chpt: 3: s11-63 Collective Bargaining, LRA Chpt: 7: s112-184 Dispute resolution, Mining, Objective or correct, Orders, Parties, Private enterprises, Refused, Review tests, Rules and practice manuals, Sectors, Statutes (LRL 2) - work law, Topics | 0 |

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Dispute resolution process: Adjudication and arbitration

by GilesFiles | Jun 28, 2021 | 2020 +, appeal, Appeals, Cause: contractual breach, Common Law, Construction industry, Courts, Declaratory, Exceptions/special pleas, Judges, Jurisdiction and powers, Legal Practice, Orders, Parties, Private enterprises, Refused, SCA judges, Sectors, Special pleas, Specific performance, Supreme Court of Appeal, Topics | 0 |

Sasol SA (Pty) Ltd v Murray & Roberts Ltd Dispute resolution process explained and high court confirmed that ‘the adjudicator’s decision is binding on the parties unless and until revised by the tribunal and is...

Arbitration costs disputed: Absence of agreement

by GilesFiles | Jun 21, 2021 | 2020 +, Applications, Cause: general, Common Law, Courts, Exceptions/special pleas, High Court, High Court judges, Judges, Jurisdiction and powers, Legal Practice, Parties, Personal services, Private enterprises, Sectors, Special pleas, Topics | 0 |

Bike Mob (Pty) Ltd v Arbitrator [Capitalgro (Pty) Ltd] Arbitration costs disputed and various interlocutory skirmishes fizzled out at the start of the hearing and both counsel agreed that the high court was only required to...

Harassment claim rejected: Evidential onus considered

by GilesFiles | Jun 18, 2021 | 2020 +, Applications, Appointed LC judges, Courts, Discrimination (LRL 11), Dispute Resolution (LRL 3), EEA Chpt II ss 5-11, EEA Chpt VI ss 53-65, Employment Equity (LRL 12), erroneously sought, Evidence and onus, Evidentiary burden, Finance, Judges, Labour Court, Labour Court judges, Labour Relations, Labour Relations Act 1995, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, Objective or correct, Onus of proof, Orders, Parties, Private enterprises, Review tests, 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,...

Post-retirement benefits: Discretionary policy or practice

by GilesFiles | Jun 2, 2021 | 2020 +, appeal, Appeals, Appointed LAC judges, Benefits - 186(2)(a), Courts, Declaratory, Dennis Davis, Dispute Resolution (LRL 3), Evidence and onus, Evidentiary burden, Granted, Judges, Just and equitable relief, Labour Appeal Court, Labour practices (LRL 9), Labour Relations, Labour Relations Act 1995, LAC judges, Legal Practice, Logistics, LRA Chpt: 7: s112-184 Dispute resolution, LRA Chpt: 8a: s185-197B Dismissals, LRA Chpt: 8b: s185-186(2) Labour practices, Onus of proof, Operational requirements-s189, Orders, Parties, Private enterprises, Sectors, Statutes (LRL 2) - work law, Termination & dismissal (LRL 8), Topics, Transport & communication | 0 |

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Lifting corporate veil: Absence of gross abuse

by GilesFiles | May 31, 2021 | 2020 +, appeal, Appeals, Applications, Appointed LAC judges, Cause: general, Cause: statute, Common Law, Courts, Declaratory, Dennis Davis, Dispute Resolution (LRL 3), Evidence and onus, Exceptions/special pleas, Granted, Hospitality, Interpretation and application, Joinder of parties, Judges, Labour Appeal Court, Labour Relations, Labour Relations Act 1995, LAC judges, Legal Practice, Logistics, LRA Chpt: 7: s112-184 Dispute resolution, Objective or correct, Orders, Parties, Private enterprises, Review tests, 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,...

Category: Private enterprises