Provincial Archives

Experts joint minutes: Agreeing facts and opinions

by GilesFiles | Oct 22, 2021 | 2020 +, 2020 +, appeal, Appeals, Cause: contractual breach, Cause: delict, Common Law, Courts, Evidence and onus, Expert, Government, Judges, Landmark judgments, Legal Practice, Legislation, MJD Wallis, Orders, Organs of state, Parties, Provincial, Refused, Rules, SCA judges, Sectors, Supreme Court of Appeal, Topics, Uniform High Court | 0 |

HAL obo MML v MEC for Health, Free State SCA confirmed the position regarding joint minutes of experts “In accordance with Bee, if they agree on issues of fact and the appropriate approach to technical analysis, the...

Reviewing awards timeously: Non-compliance with rules

by GilesFiles | Oct 6, 2021 | 2020 +, André van Niekerk, Applications, Appointed LC judges, Bargaining councils, Courts, Dispute Resolution (LRL 3), Government, Judges, Labour Court, Labour Court judges, Labour Relations, Labour Relations Act 1995, LC Practice Manual, LC Rule 11, LC Rules, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, Orders, Organs of state, Parties, Provincial, Rules, Sectors, Statutes (LRL 2) - work law, Struck off, 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,...

Gender discrimination rejected: EEA evidence and scope

by GilesFiles | Sep 20, 2021 | 2020 +, appeal, Appeals, Appointed LAC judges, Central, Courts, Dennis Davis, Dispute Resolution (LRL 3), EEA Chpt II ss 5-11, Employment Equity (LRL 12), Employment Equity Act 1998, Evidence and onus, Government, Interpretation and application, Judges, Jurisdiction and powers, Labour Appeal Court, Labour Relations, Labour Relations Act 1995, LAC judges, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, Not awarded, Orders, Orders re costs, Organs of state, Parties, Provincial, Refused, Review tests, Rules, 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,...

Wrongfulness and legal duty: Prevention of harm

by GilesFiles | Aug 27, 2021 | 2020 +, 2020 +, appeal, Appeals, Cause: delict, Common Law, ConCourt judges, Constitutional Court, Courts, Exceptions/special pleas, Government, Judges, Jurisdiction and powers, Landmark judgments, Legal Practice, Orders, Organs of state, Parties, Provincial, Refused, Roman Dutch law principles, Sectors, Special pleas, Topics | 0 |

BE obo JE v MEC for Social Development, Western Cape Wrongfulness and legal duty considered and Constitutional Court held that it is trite that liability for negligence in delict in the first instance depends on the existence of...

Gross dishonesty suspected: Split LAC decision

by GilesFiles | Aug 3, 2021 | 2020 +, Acting LAC judges, appeal, Appeals, Appointed LAC judges, Awards -s145, B Waglay, Cause: contractual breach, Cautionary rule, Common Law, Conduct or capacity, Courts, Dispute Resolution (LRL 3), Evidence and onus, Evidentiary burden, Government, Granted, Gross misconduct, Holistic evaluation, Interpretation and application, Judges, Jurisdiction and powers, Kate Savage, 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, Misconduct generally, Orders, Organs of state, Parties, Performance related, Proof required, Provincial, Review tests, Sectors, Sidumo - reasonableness, Statutes (LRL 2) - work law, Termination & dismissal (LRL 8), Topics, Trust and confidence | 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,...

Shortlisting employment applicants: Unfair labour practice

by GilesFiles | Jun 30, 2021 | 2020 +, Applications, Appointed LC judges, Awards -s145, Courts, Dispute Resolution (LRL 3), Evidence and onus, Evidentiary burden, Government, Judges, Jurisdiction and powers, Labour Court, Labour Court judges, Labour practices (LRL 9), Labour Relations, Labour Relations Act 1995, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, LRA Chpt: 8b: s185-186(2) Labour practices, Orders, Organs of state, Parties, Promotion / demotion - 186(2)(a), Provincial, Review tests, Sectors, Sidumo - reasonableness, 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,...

Compensating procedural unfairness: Discretionary award

by GilesFiles | Jun 17, 2021 | 2020 +, 2020 +, appeal, Appeals, Bill of Rights, ConCourt judges, Constitutional Court, Courts, Dignity equality freedom, Dismissal generally, Dispute Resolution (LRL 3), Government, Gross misconduct, Interpretation and application, Judges, Jurisdiction and powers, Just and equitable relief, Labour Relations, Labour Relations Act 1995, Landmark judgments, Legal Practice, Legality principle, LRA Chpt: 7: s112-184 Dispute resolution, LRA Chpt: 8a: s185-197B Dismissals, Orders, Organs of state, Parties, Procedural issues, Provincial, Refused, Review tests, Sectors, Sidumo - reasonableness, 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,...

Applicable job grading: Job weight range overlap

by GilesFiles | Jun 2, 2021 | 2020 +, Appointed LC judges, Collective agreements, Collective Bargaining (LRL 5), Condonation, Courts, Declaratory, Dispute Resolution (LRL 3), EEA 7 Factors, EEA Codes, EEA Regulations, EEA4 differentials s27, EEA9 Levels s21, Employment equity, Equal outcomes, Equal pay & value, Exceptions/special pleas, Government, Insights, Interpretation and application, Job evaluation, Judges, Labour Court, Labour Court judges, Labour Relations, Labour Relations Act 1995, Legal Practice, LRA Chpt: 3: s11-63 Collective Bargaining, LRA Chpt: 7: s112-184 Dispute resolution, Objective or correct, Orders, Organs of state, Parties, Pay progression, Provincial, Refused, Review tests, Sectors, Special pleas, Statutes (LRL 2) - work law, Topics, Value exchange | 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 parity principle: Exercise caution

by GilesFiles | May 26, 2021 | 2020 +, appeal, Appeals, Appointed LAC judges, Condonation, Conduct or capacity, Courts, Dennis Davis, Dispute Resolution (LRL 3), Government, Granted, Gross misconduct, Judges, Labour Appeal Court, Labour Relations, Labour Relations Act 1995, LAC judges, LAC Rules, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, LRA Chpt: 8a: s185-197B Dismissals, Misconduct generally, Orders, Organs of state, Parties, Procedural issues, Provincial, Refused, Review tests, Rules, Sectors, Sidumo - reasonableness, Statutes (LRL 2) - work law, Termination & dismissal (LRL 8), Topics, Valid reason and fair reason | 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,...

Refusing reinstatement overturned: Absence of reasons

by GilesFiles | Apr 16, 2021 | 2020 +, Appointed LC judges, Courts, Declaratory, Dispute Resolution (LRL 3), Government, Judges, Jurisdiction and powers, Just and equitable relief, Labour Court, Labour Court judges, Labour Relations, Labour Relations Act 1995, Legal Practice, Legislation, LRA Chpt: 7: s112-184 Dispute resolution, Objective or correct, Orders, Orders re costs, Organs of state, Parties, Provincial, 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,...

Employment learnership agreements: Skills Development Act?

by GilesFiles | Apr 14, 2021 | 2020 +, André van Niekerk, Appointed LC judges, Courts, Dismissal generally, Dispute Resolution (LRL 3), Government, Judges, Labour Court, Labour Court judges, Labour Relations, Labour Relations Act 1995, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, LRA Chpt: 8a: s185-197B Dismissals, Objective or correct, Organs of state, Parties, Provincial, Review tests, 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,...

Developing common law: Paying in instalments?

by GilesFiles | Apr 1, 2021 | 2020 +, appeal, Appeals, Bill of Rights, Biowatch principle, Cause: general, Common Law, ConCourt judges, Constitutional Court, Courts, Declaratory, Exceptions/special pleas, Government, Granted, Interpretation and application, Judges, Jurisdiction and powers, Just and equitable relief, Legal Practice, Orders, Orders re costs, Organs of state, Parties, Provincial, Res judicata (issue estoppel), Sectors, Topics | 0 |

MEC: Health, Gauteng Provincial Government v PN Developing common law in at least two respects considered by the constitutional court and allowed an appeal and decided that the power to develop the common law arose under...

Category: Provincial