Central Archives | GilesFiles

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,...

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,...

Applying legality principle: Must consult over rules

by GilesFiles | Oct 9, 2020 | 2020 +, appeal, Appeals, Cause: statute, Central, Common Law, Courts, Declaratory, Government, Granted, Judges, Legal Practice, Legality principle, Orders, Parties, Pension & retirement funds, Review tests, SCA judges, Sectors, Supreme Court of Appeal, 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,...

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...

Practice Manual issues: Condonation and award confirmed

by GilesFiles | Jul 29, 2020 | 2020 +, André van Niekerk, Appointed LC judges, Awards -s145, Central, Courts, Dismissal generally, Dispute Resolution (LRL 3), Government, Interpretation and application, Judges, Jurisdiction and powers, Labour Court, Labour court, Labour Court judges, Labour Relations, Labour Relations Act 1995, LC Practice Manual, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, LRA Chpt: 8a: s185-197B Dismissals, Objective or correct, Orders, Parties, Reinstatement, Review tests, Rules and practice manuals, 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,...

Category: Central