Category: Agriculture

Protecting racehorses considered : just or fair punishment?

Employment rights Employees have constitutional rights, which include the right neither to be unlawfully nor unfairly dismissed.  Lawfulness requires proof of gross misconduct before employers may dispense with reasonable notice...

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Reinstatement primary remedy: Tacit relocation or novation

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Copyrighting computer program: Disputed authorship

Bergh v Agricultural Research Council Copyrighting computer program and decided that the provision of ‘functional requirements and a periodic review of progress being made in the development of the program and testing it...

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Restoring land rights: Community not proved

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...

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Compelling operational burden: Unprotected strikers reinstated

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Diverse people unite: Right of court access

Homo Sapiens, Negro, Ethiopian Semite, Israelite People of SA v President of South Africa High court referred to ‘diverse people unite’ in rejecting the ‘claims’ of the applicants  who inter alia asserted...

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Strikers denied compensation: Dismissal procedure unfair

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Parol evidence rule: Partial integration rule

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Res judicata examined: Issue estoppel included

Ascendis Animal Health (Pty) Ltd v Merck Sharpe Dohme Corporation    Res judicata examined and Constitutional Court failed to achieve a majority decision which meant that the judgment of the high court was not overturned. ...

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Injurious falsehood elements: Truth knowledge cause loss

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...

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Minimum wage calculation: Annual bonus excluded

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,...

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Conciliation process avoided: Abusive nature

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