Private enterprises Archives

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,...

Restraint provisions dissected: Discharging onus?

by GilesFiles | Jan 7, 2020 | 2020, Acting LC judges, Applications, Clothing & textiles, Common Law, Courts, Evidence and onus, Evidentiary burden, Interdicts and rule nisi, joinder of parties, Judges, Labour Court, Labour Court judges, Legal Practice, Orders, Parties, Plascon-Evans rule, Private enterprises, Refused, Sean Snyman, Sectors, 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 infringed: Restraining order granted

by GilesFiles | Dec 24, 2019 | 2019, Acting LC judges, Applications, BCEA 1997, BCEA 77(3) and 77A(e), Building & Construction, Cause: contract, Common Law, Competition, contractual breach, Courts, Declaratory, Granted, Interdicts and rule nisi, Judges, Jurisdiction and powers, Labour Court, Labour Court judges, Legal Practice, Orders, Parties, Private enterprises, Sean Snyman, Sectors, Statutes (LRL 2) - work law, 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,...

Mutually destructive versions: Inference and credibility

by GilesFiles | Dec 18, 2019 | 2019, Acting LC judges, Awards -s145, Courts, Dismissal: valid and fair reason, Dispute Resolution (LRL 3), Evidence and onus, Factual disputes, Judges, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Metal & engineering, Onus of proof, Parties, Private enterprises, Review tests, S Mabaso, Sectors, Sidumo - reasonableness, 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,...

Valid reason unfair: Trivial conflicting interests

by GilesFiles | Dec 11, 2019 | 2019, Appointed LAC judges, Awards -s145, B Waglay, Courts, Dismissal: invalid or unfair reason, Dispute Resolution (LRL 3), 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, Parties, Private enterprises, 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,...

Individual rights examined: LRA s187(1)(c) discussed

by GilesFiles | Dec 3, 2019 | 2019, Acting LC judges, Applications, Bradley Conradie, Common Law, Courts, Dismissal: general, Dispute Resolution (LRL 3), 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, Parties, Private enterprises, Sectors, Sport & recreation, Statutes (LRL 2) - work law, Termination (LRL 8), Topics | 0 |

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WhatsApp message examined: Not genuine offer

by GilesFiles | Dec 2, 2019 | 2019, Appeals, CHG van der Merwe, Common Law, Courts, Judges, Legal Practice, Parties, Private enterprises, SCA judges, Supreme Court of Appeal, Topics | 0 |

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Parol evidence rule: Partial integration rule

by GilesFiles | Nov 28, 2019 | 2019, Agriculture, Appeals, Common Law, Courts, Evidence and onus, Judges, LE Leach, Legal Practice, parol evidence rule, Parties, Private enterprises, SCA judges, Sectors, Supreme Court of Appeal, Topics | 0 |

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Life-right confirmed: Eviction order overturned

by GilesFiles | Nov 21, 2019 | 2019, Appeals, Bill of Rights, Courts, Dignity equality freedom, ED Wille, Eviction/ejectment, High Court, High Court judges, Judges, Labour Relations Act 1995, Legal Practice, Orders, Parties, Private enterprises, Property, 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,...

Property deprivation examined: Eviction of tenants

by GilesFiles | Nov 14, 2019 | 2019, Agriculture, Appeals, Bill of Rights, CH Nicholls, Common Law, Courts, Domestic, Eviction/ejectment, Judges, Legal Practice, Legislation, Orders, Parties, Private enterprises, Property, SCA judges, Sectors, Supreme Court of Appeal, 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,...

Insourcing product assembly: Going concern not transferred

by GilesFiles | Oct 3, 2019 | 2019, Appointed LC judges, Courts, Edwin Tlhotlhalemaje, Evidence and onus, Judges, Jurisdiction and powers, Labour Court, Labour Court judges, Labour Relations, Labour Relations Act 1995, Legal Practice, LRA Chpt: 8a: s185-197B Dismissals, Manufacturing, Non-profit organisations, Parties, Plascon-Evans rule, 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,...

Injurious falsehood elements: Truth knowledge cause loss

by GilesFiles | Sep 26, 2019 | 2019, Agriculture, Common Law, Competition, Courts, Evidence and onus, FE Mokgohloa, Interdicts and rule nisi, Judges, Legal Practice, Parties, Plascon-Evans rule, Private enterprises, SCA judges, Sectors, Supreme Court of Appeal, Topics | 0 |

Smith v Mountain Oaks Winery (Pty) LtdInjurious falsehood elements listed and considered by SCA and found that the statements were not false and in any event knowledge of falsity had not been alleged nor proved. “The...

Category: Private enterprises