Central Archives | GilesFiles

Rule 11 application: Compliance with Rules

by GilesFiles | Jul 31, 2020 | 2020, Acting LC judges, Applications, Central, Condonation, Courts, Dispute Resolution (LRL 3), Granted, Judges, Labour Court, Labour Court judges, Labour Relations, Labour Relations Act 1995, LC Rule 11, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, Orders, Parties, Rules and practice manuals, Sectors, Statutes (LRL 2) - work law, Topics, Transport & communication | 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,...

Formidable appeal threshold: Would not might

by GilesFiles | Jul 29, 2020 | 2020, 2020, appeal, Appeals, Applications, Central, Courts, Dunstan Mlambo, High Court, High Court judges, Judges, Jurisdiction and powers, Landmark judgments, Legal Practice, Orders, Parties, Refused, Sectors, Topics | 0 |

Democratic Alliance v President of RSA Full bench of the High Court considered the formidable appeal threshold which now exists in sec 17(1)(a) of the Superior Courts Act 10 of 2013 and that before concluding that there are...

Dismissal powers considered: Who is the employer?

by GilesFiles | Jun 25, 2020 | 2020, appeal, Appeals, Appointed LAC judges, Central, Courts, Dismissal generally, Dispute Resolution (LRL 3), Exceptions/special pleas, 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, Meaning of dismissal, Orders, Organs of state, Parties, Refused, Roland Sutherland, Sectors, Special pleas, 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,...

Reinstatement primary remedy: Tacit relocation or novation

by GilesFiles | May 28, 2020 | 2020, Acting LAC judges, Agriculture, appeal, Central, Courts, Dismissal generally, Dispute Resolution (LRL 3), John Murphy, 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, Reasonable expectation, Sectors, 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,...

Recruitment protected disclosure: Automatically unfair dismissal

by GilesFiles | May 18, 2020 | 2020, Acting LAC judges, Automatically unfair - s187, Bill of Rights, Central, Courts, Dispute Resolution (LRL 3), John Murphy, 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, Parties, Protection of Personal Information, Sectors, 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,...

Accountability responsiveness openness: Values and duties

by GilesFiles | May 15, 2020 | 2020, Applications, Bill of Rights, Central, Courts, Declaratory, Dignity equality freedom, Granted, Hans Fabricius, High Court, High Court judges, Interdicts and rule nisi, Judges, Jurisdiction and powers, Legal Practice, Legislation, Orders, Parties, Sectors, Topics, Urgency | 0 |

Khosa v Minister of Defence and Military Veterans To ensure accountability and responsiveness and openness during state of disaster declared under the Disaster Management Act, 2002 and dealing with the conduct of security forces...

Aggravated psychological damages: Proper police search?

by GilesFiles | May 6, 2020 | 2020, 2020, appeal, Appeals, Cause: delict, Cause: general, Central, Common Law, Courts, Declaratory, DH Zondi, Granted, Judges, Jurisdiction and powers, Landmark judgments, Legal Practice, Orders, Orders re costs, Organs of state, Parties, 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,...

Virus practice code: Mining and Covid-19

by GilesFiles | May 4, 2020 | 2020, André van Niekerk, Applications, Appointed LC judges, Bill of Rights, Biowatch principle, Central, Courts, Declaratory, Dignity equality freedom, Dispute Resolution (LRL 3), Employment Relations (LRL 1), 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,...

Environmental law protection: Waste management licence?

by GilesFiles | Apr 17, 2020 | 2020, appeal, Appeals, Central, Courts, Judges, Legal Practice, Orders, Parties, Refused, SCA judges, Sectors, Supreme Court of Appeal, Topics, XM Petse | 0 |

Minister of Environmental Affairs v ArcelorMittal SA Ltd Environmental law protection and legislation provides for, inter alia, ‘the licensing and control of waste management activities’; ‘the remediation of contaminated land’;...

Costly withdrawn application: PPE for health workers

by GilesFiles | Apr 11, 2020 | 2020, Applications, Appointed LC judges, BM Whitcher, Central, Courts, Covid-19 issues, Declaratory, Dispute Resolution (LRL 3), 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, Orders, Orders re costs, Parties, punitive costs, Refused, Sectors, Statutes (LRL 2) - work law, Topics, Trade unions, 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,...

Invalid employment termination: Criminal conviction reversed

by GilesFiles | Mar 20, 2020 | 2020, Appeals, Bill of Rights, Cause: contractual breach, Central, Common Law, ConCourt judges, Constitutional Court, Courts, Dispute Resolution (LRL 3), Judges, Labour Relations, Labour Relations Act 1995, Legal Practice, Legislation, LRA Chpt: 7: s112-184 Dispute resolution, LRA Chpt: 8a: s185-197B Dismissals, Operation of law, Parties, Sectors, Statutes (LRL 2) - work law, Termination & dismissal (LRL 8), Topics | 0 |

Maswanganyi v Minister of Defence and Military Veterans The Constitutional Court decided that an invalid employment termination had taken place because by operation of law the employee had never been ‘dismissed’...

Restoring land rights: Community not proved

by GilesFiles | Mar 16, 2020 | Agriculture, Applications, Biowatch principle, Central, Courts, Declaratory, Evidence and onus, Exceptions/special pleas, Expert, 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, 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...

Category: Central