Central Archives | GilesFiles

Recruitment age discrimination: Differentiation justified

by GilesFiles | Mar 19, 2021 | 2020 +, appeal, Appeals, Bill of Rights, Central, Courts, Declaratory, Dignity equality freedom, Dispute Resolution (LRL 3), EEA Chpt II ss 5-11, Employment Equity (LRL 12), Employment Equity Act 1998, Evidence and onus, Exceptions/special pleas, Government, Granted, Holistic evaluation, Interpretation and application, Judges, Jurisdiction and powers, Labour Relations, Labour Relations Act 1995, Legal Practice, Legislation, LRA Chpt: 7: s112-184 Dispute resolution, Orders, Parties, SCA judges, Sectors, Special pleas, Statutes (LRL 2) - work law, Supreme Court of Appeal, Topics | 0 |

SA Navy v Tebeila Institute of Leadership, Education, Governance and Training In allowing the appeal the SCA in dealing with recruitment and alleged upper age discrimination referred to the policy which explains that the defence...

Impugning human dignity: Discrimination or differentiation

by GilesFiles | Mar 1, 2021 | 2020 +, Applications, Appointed LC judges, Bill of Rights, Central, Clear and convincing, Courts, Declaratory, Dignity equality freedom, Discrimination (LRL 11), Dispute Resolution (LRL 3), EEA Chpt II ss 5-11, Employment Equity (LRL 12), Employment Equity Act 1998, Evidence and onus, Evidentiary burden, Exceptions/special pleas, Government, Holistic evaluation, Interpretation and application, Judges, Jurisdiction and powers, Labour Court, Labour Court judges, Labour Relations, Labour Relations Act 1995, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, Orders, Parties, Sectors, Special pleas, Statutes (LRL 2) - work law, 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,...

Amending statement considered: Fresh cause of action?

by GilesFiles | Feb 11, 2021 | 2020 +, Amending pleadings, André van Niekerk, Applications, Appointed LC judges, Cause: general, Central, Common Law, Courts, Declaratory, Dispute Resolution (LRL 3), Exceptions/special pleas, Government, Judges, Jurisdiction and powers, Labour Court, Labour Court judges, Labour Relations, Labour Relations Act 1995, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, Orders, Organs of state, Parties, 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,...

Unlawful agreement concluded: Invalid and not binding

by GilesFiles | Dec 15, 2020 | 2020 +, 2020 +, Applications, Appointed LAC judges, Bargaining councils, Bill of Rights, Cause: Bill of Rights, Cause: statute, Central, Collective Bargaining (LRL 5), Common Law, Courts, Declaratory, Dennis Davis, Dispute Resolution (LRL 3), Exceptions/special pleas, Government, Interpretation and application, Judges, Labour Appeal Court, Labour Relations, Labour Relations Act 1995, LAC judges, Landmark judgments, Legal Practice, LRA Chpt: 3: s11-63 Collective Bargaining, LRA Chpt: 7: s112-184 Dispute resolution, Orders, Organisations (LRL 4), Parties, Sectors, Special pleas, Statutes (LRL 2) - work law, 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,...

Senior management restructured: Valid fair dismissal reason

by GilesFiles | Dec 1, 2020 | 2020 +, 2020 +, Acting LAC judges, appeal, Appeals, Central, Collective Bargaining (LRL 5), Courts, Declaratory, Dispute Resolution (LRL 3), Government, Granted, Holistic evaluation, Interpretation and application, Judges, Jurisdiction and powers, Kate Savage, Labour Appeal Court, Labour Relations, Labour Relations Act 1995, LAC judges, Landmark judgments, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, LRA Chpt: 8a: s185-197B Dismissals, Objective or correct, Operational reasons-189A, Operational requirements-s189, Orders, Organs of state, Parties, Review tests, Sectors, SOEs (State Owned Enterprises), 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,...

Occupational specific dispensation: Old to new posts

by GilesFiles | Nov 27, 2020 | 2020 +, Agriculture, appeal, Appeals, Appointed LAC judges, Central, Collective Bargaining (LRL 5), Courts, Dennis Davis, Dispute Resolution (LRL 3), Government, Interpretation and application, Judges, Jurisdiction and powers, Labour Appeal Court, Labour Relations, Labour Relations Act 1995, LAC judges, Legal Practice, LRA Chpt: 3: s11-63 Collective Bargaining, Objective or correct, Orders, Parties, Refused, Review tests, Sectors, Statutes (LRL 2) - work law, 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,...

Free expression examined: No absolute constitutional rights

by GilesFiles | Nov 27, 2020 | 2020 +, appeal, Appeals, Bill of Rights, Central, ConCourt judges, Constitutional Court, Courts, Declaratory, Dignity equality freedom, Government, Interpretation and application, Judges, Jurisdiction and powers, Legal Practice, Legislation, MTR Mogoeng, Orders, Parties, Private enterprises, Sectors, Topics | 0 |

Economic Freedom Fighters v Minister of Justice and Correctional Services Constitutional Court examined free expression and emphasised that a less restrictive means of proscribing constitutionally objectionable incitement is the...

Temporary incapacity leave: Refused but no urgency

by GilesFiles | Nov 11, 2020 | 2020 +, Applications, Appointed LC judges, Central, Courts, Declaratory, Dispute Resolution (LRL 3), Edwin Tlhotlhalemaje, Government, Interdicts and rule nisi, Interpretation and application, Judges, Jurisdiction and powers, Labour Court, Labour Court judges, Labour Relations, Labour Relations Act 1995, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, Orders, Organs of state, Parties, Refused, Review tests, Rules and practice manuals, Sectors, State action - s158(1)(h), 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,...

Pay progression differentiation: Incentive Policy Framework

by GilesFiles | Nov 9, 2020 | 2020 +, appeal, Appeals, Appointed LAC judges, Bill of Rights, Central, Courts, Dignity equality freedom, Dispute Resolution (LRL 3), EEA Chpt II ss 5-11, Employment Equity (LRL 12), Government, Granted, Interpretation and application, Judges, Labour Appeal Court, Labour Relations, Labour Relations Act 1995, LAC judges, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, Objective or correct, Orders, Organs of state, PAJA 2000, 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,...

Magistrate recusing himself: Reviewed and set aside

by GilesFiles | Nov 6, 2020 | 2020 +, A.G. Binns-Ward, Applications, Cause: Bill of Rights, Cause: general, Central, Common Law, Common law review, Courts, Declaratory, Government, High Court, High Court judges, interpleader proceedings, irregular proceeding, Judges, Jurisdiction and powers, Legal Practice, Legal practitioners, Legality principle, Orders, Organs of state, Parties, Review tests, Sectors, Topics | 0 |

M J Vermeulen Inc. v Engelbrecht NO The magistrate’s subjective discomfiture about continuing with the trial and recusing himself ‘did not afford a proper basis for him to recuse himself, and his decision to do so...

Invalid procurement regulations: Preferential procurement appeal

by GilesFiles | Nov 2, 2020 | 2020 +, Associations, Bill of Rights, Central, Courts, Employment equity, Finance, Free and fair, Government, Inherent requirements, Judges, Legal Practice, Legislation, Markets in SA, Organs of state, Parties, SCA judges, Sectors, SOEs (State Owned Enterprises), Supreme Court of Appeal, Termination & dismissal (LRL 8), Topics | 0 |

Afribusiness NPC v Minister of Finance Discretionary pre-qualification criteria stipulated in regulation 4 may constitute an antecedent step but as it is introduced in regulation 4 it creates an additional layer contrary to s...

Interrupting power supply: Attempt to bypass municipality?

by GilesFiles | Oct 12, 2020 | 2020 +, Applications, Cause: contractual breach, Cause: statute, Central, Common Law, Courts, Declaratory, Electricity, Government, High Court, High Court judges, Interdicts and rule nisi, Judges, Jurisdiction and powers, Legal Practice, Orders, Organs of state, Parties, Private enterprises, Refused, Sectors, SOEs (State Owned 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,...

Category: Central