Category: Private enterprises

High court proceedings: Pleadings joinder costs

Hlophe JP v Freedom Under Law    In considering the nature and effect of proceedings in the high court a full bench confirmed that in none of the cited judgments is an affidavit equated to a pleading. “The common thread...

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Breaching collective agreement: Unprotected strike action

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Operational requirements termination: Pleadings and minute

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Delayed review process: Lapsed and archived

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Condoning late statement: Principles considered and applied

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Combining preliminary applications: Condonation and review

Numsa obo Charles v DSV Solutions (Pty) Ltd In dealing with the issue of combining preliminary applications the labour court [per PN Kroon AJ] decided that “condonation applications should not generally be heard separately...

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Discovering restraint documents: Uniform Rule 35 notice

Baard v Allem On appeal a full bench of the high court considered an issue relating to discovering documents concerning a trade restraint and decided that there was no basis to interfere with the discretion exercised by the...

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Validating void disposition: Interpreting Companies Act

Pride Milling Company (Pty) Ltd v Bekker NO Validating void disposition considered by SCA which also decided “that given the effect of s 341(2), a party approaching a court and seeking that the court order otherwise would...

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Eviction just and equitable: Relationship breached

Nimble Investments (Pty) Ltd v JM In considering whether an eviction order would be just and equitable and by a majority decision the SCA confirmed there were two issues. “The first is whether an order for the eviction of...

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Upholding maximum compensation: Unprotected strike action

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Ensuring ethical behaviour: Racist Facebook post

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Varying arbitration award: Giving effect to true meaning

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