Private enterprises Archives

Dismissing poor performers: Valid and fair reason

by GilesFiles | Jun 26, 2020 | 2020, 99 Service activities other, Appointed LC judges, Awards -s145, Conduct or capacity, Courts, Dispute Resolution (LRL 3), Ill health and illness, Judges, Labour Court, Labour Court judges, Labour Relations, Labour Relations Act 1995, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, LRA Chpt: 8a: s185-197B Dismissals, MPN Nkutha-Nkontwana, Parties, Performance related, Private enterprises, Review tests, Sectors, Sidumo - reasonableness, Statutes (LRL 2) - work law, Termination & dismissal (LRL 8), Topics, 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,...

Negative obligation imposed: Right to basic education

by GilesFiles | Jun 17, 2020 | 2020, 92 Education, Appeals, Bill of Rights, Cause: Bill of Rights, Common Law, ConCourt judges, Constitutional Court, Courts, Dignity equality freedom, Edwin Cameron, JC Froneman, Judges, Legal Practice, Non-profit organisations, Parties, Private enterprises, Retired judges, Sectors, Topics | 0 |

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...

Public policy grounds: Contract – Froneman J dissent

by GilesFiles | Jun 17, 2020 | 2020, Appeals, Bill of Rights, Cause: Bill of Rights, Cause: general, Common Law, ConCourt judges, Constitutional Court, Courts, Dignity equality freedom, JC Froneman, Judges, Legal Practice, Parties, Private enterprises, 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,...

Virtual consultation process: Procedural unfairness?

by GilesFiles | May 28, 2020 | 2020, 30 Manufacture food beverages, Applications, Appointed LC judges, Courts, Dispute Resolution (LRL 3), GN Moshoana, Interdicts and rule nisi, Judges, Jurisdiction and powers, Labour Court, Labour Court judges, Labour Relations, Labour Relations Act 1995, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, LRA Chpt: 8a: s189 and 189A see Termination, Operational process -s189A(13), Operational reasons-189A, Parties, Private enterprises, Procedural issues, Refused, Sectors, Statutes (LRL 2) - work law, Termination & dismissal (LRL 8), Topics, Trade unions | 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,...

Safety rules breached: Lawful instruction disobeyed

by GilesFiles | May 18, 2020 | 2020, 21 Mining of coal & lignite, 24 Mining metal ores, appeal, Appeals, Appointed LAC judges, Awards -s145, Clear and convincing, Conduct or capacity, Courts, Dennis Davis, Dispute Resolution (LRL 3), Evidence and onus, Granted, Gross misconduct, 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, Performance related, Private enterprises, Review tests, Sectors, Statutes (LRL 2) - work law, Termination & dismissal (LRL 8), Topics, 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,...

Third party misconduct: Excluded from discrimination claim

by GilesFiles | May 18, 2020 | 2020, 62 Retail trade not vehicles, Appeals, Appointed LAC judges, Courts, Dennis Davis, Discrimination (LRL 11), Dispute Resolution (LRL 3), EEA Chpt II ss 5-11, Employment Equity (LRL 12), Evidence and onus, Evidentiary burden, Judges, Labour Appeal Court, Labour Relations, Labour Relations Act 1995, LAC judges, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, Onus of proof, Parties, Private enterprises, 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,...

Misappropriating company property: Abusing managerial powers

by GilesFiles | May 18, 2020 | 2020, 23 Mining gold & uranium, 24 Mining metal ores, appeal, Appeals, Appointed LAC judges, Awards -s145, Clear and convincing, Courts, Dispute Resolution (LRL 3), Evidence and onus, Granted, Gross misconduct, Interpretation and application, 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, Orders, Parties, Private enterprises, Proof required, Review tests, Roland Sutherland, Sectors, Statutes (LRL 2) - work law, Termination & dismissal (LRL 8), Topics, Totality, 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,...

Virus practice code: Mining and Covid-19

by GilesFiles | May 4, 2020 | 2020, 21 Mining of coal & lignite, 22 Extraction crude petroleum, 23 Mining gold & uranium, 24 Mining metal ores, 25 Other mining & quarrying, 29 Mining incidental services, André van Niekerk, Applications, Appointed LC judges, Bill of Rights, Biowatch principle, Courts, Declaratory, Dignity equality freedom, Dispute Resolution (LRL 3), Employment Relations (LRL 1), Government - central, 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, LRA Chpt: 8a: s185-197B Dismissals, Orders, Orders re costs, Organisations (LRL 4), PAJA 2000, Parties, Private enterprises, Review tests, Sectors, Statutes (LRL 2) - work law, Topics, Zungu doctrine | 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,...

Health safety measures: Covid-19 latest directive

by GilesFiles | Apr 29, 2020 | Basic Conditions (LRL 10), Consumer protection, Covid-19 issues, Employment Relations (LRL 1), Insights, Labour Relations, Legislation, Parties, Private enterprises, Sectors, Statutes (LRL 2) - work law, Topics | 0 |

Mainly in the interests of those who do not have direst access to the Government Gazettes this post sets out the latest Directive regarding health and safety in the workplace which also affects a small business, but not to the...

Adjudication before arbitration: Reviewing incomplete proceedings

by GilesFiles | Apr 2, 2020 | 2020, 50 Construction, appeal, Appeals, Attorney client scale, Cause: contractual breach, CHG van der Merwe, Common Law, Common law review, Courts, Exceptions/special pleas, Interpretation and application, irregular proceeding, Judges, Legal Practice, Orders, Orders re costs, Parties, Private arbitration, Private enterprises, Refused, Review tests, SCA judges, Sectors, Special pleas, Supreme Court of Appeal, Topics | 0 |

Ekurhuleni West College v Segal (Trencon Construction) Adjudication before arbitration is a speedy method of resolving disputes in the building and construction industry and what was formally known as ‘mediation’ is...

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, 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, Vexatious Proceedings Act 1956, 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....

Category: Private enterprises