Category: Provincial

Dangerous nursery schools : Legal duties considered

by GilesFiles | Sep 16, 2020 | 2020, appeal, Appeals, Cause: delict, Cause: general, Common Law, Courts, Declaratory, Government, Granted, Judges, Legal Practice, Legislation, MJD Wallis, Non-profit organisations, Orders, Parties, Provincial, SCA judges, Sectors, Supreme Court of Appeal, Topics | 0 |

MEC: Western Cape Department of Social Development v Esau Dangerous nursery schools and legal liability for injuries concerning regulation 30(4) but the same legal principles and policy issues governing wrongfulness were...

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Expert evidence considered: Requirements and duties

by GilesFiles | Jul 31, 2020 | 2020, appeal, Appeals, Cause: delict, Common Law, Courts, Evidence and onus, Expert, Interpretation and application, Judges, Legal Practice, MJD Wallis, Orders, Parties, Provincial, Refused, Rules and practice manuals, SCA judges, Sectors, Supreme Court of Appeal, Topics, Uniform High Court | 0 |

A M v MEC Health, Western Cape Importantly the SCA has provided guidance and considered expert evidence and stressed that since 1963, when Rule 36(9) was changed, there have been changes in how lawyers prepare expert summaries...

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Conflating appeal and review: Failure to review?

by GilesFiles | Apr 17, 2020 | 2020, appeal, Appeals, Biowatch principle, Common law review, Courts, Exceptions/special pleas, Judges, Jurisdiction and powers, KGB Swain, Legal Practice, Legislation, Non-profit organisations, Orders, Orders re costs, Parties, Provincial, Refused, Review tests, SCA judges, Sectors, Special pleas, Supreme Court of Appeal, Thresholds, Topics | 0 |

South Durban CEA v MEC for Economic Development, Tourism and Environmental Affairs: KZN Conflating appeal and review and SCA stated that this ‘may well have been the kind of matter, where both decisions should have been...

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Deemed discharge considered: Lawfulness of decisions

by GilesFiles | Mar 26, 2020 | 2020, Acting LC judges, Applications, Cause: statute, Common Law, Courts, Declaratory, Discharged on account, Dispute Resolution (LRL 3), Evidence and onus, Exceptions/special pleas, Government, 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, LRA Chpt: 8a: s185-197B Dismissals, Meaning of dismissal, Operation of law, Orders, Organs of state, Parties, Provincial, 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,...

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Teaching hospitals agreement: Scarce skills allowance

by GilesFiles | Mar 20, 2020 | 2020, Bill of Rights, Cause: statute, Collective Bargaining (LRL 5), Common Law, ConCourt judges, Constitutional Court, Courts, Dignity equality freedom, Dispute Resolution (LRL 3), Judges, Labour Relations, Labour Relations Act 1995, Legal Practice, LRA Chpt: 3: s11-63 Collective Bargaining, LRA Chpt: 7: s112-184 Dispute resolution, LRA Chpt: 9: s198-213 General provisions, Parties, Provincial, Scarce skills allowances, Sectors, SOEs (State Owned Enterprises), Statutes (LRL 2) - work law, Termination & dismissal (LRL 8), Topics, Universities and schools | 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,...

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Commissioner misconduct considered: Reviewable ground?

by GilesFiles | Mar 13, 2020 | 2020, Acting LC judges, Applications, Arbiter misbehaving, Awards -s145, Condonation, Courts, Dispute Resolution (LRL 3), Evidence and onus, Government, Judges, Labour Court, Labour Court judges, Labour Relations, Labour Relations Act 1995, LC Rule 11, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, LRA Chpt: 8a: s185-197B Dismissals, Municipal, Orders, Parties, Performance related, Plascon-Evans rule, Procedural issues, Provincial, Review tests, Rules and practice manuals, 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,...

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Lapsed review reinstated: Requirements considered

by GilesFiles | Feb 7, 2020 | 2020, Applications, Appointed LC judges, Courts, Dispute Resolution (LRL 3), 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, Orders, Parties, Provincial, Reinstatement, Rules and practice manuals, 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,...

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Alleged financial mismanagement: Municipal manager

by GilesFiles | Nov 26, 2019 | 2019, Applications, Appointed LC judges, Courts, Declaratory, Dispute Resolution (LRL 3), Exceptions/special pleas, Government, Interpretation and application, Judges, Jurisdiction and powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, Municipal, Municipal managers, Orders, Orders re costs, Parties, Provincial, Rules and practice manuals, Sectors, Separation settlement agreements, 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,...

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Flagrantly abusing system: Fair reason dismissal

by GilesFiles | Nov 26, 2019 | 2019, Appeals, Appointed LAC judges, Awards -s145, Courts, Dispute Resolution (LRL 3), Gross misconduct, 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, Provincial, 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,...

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Arbitrary grounds exception: Practice Manual binding

by GilesFiles | Oct 22, 2019 | 2020, Applications, Appointed LC judges, Courts, Discrimination (LRL 11), Dispute Resolution (LRL 3), Edwin Tlhotlhalemaje, EEA Chpt II ss 5-11, Employment Equity (LRL 12), Employment Equity Act 1998, Exceptions/special pleas, Judges, Jurisdiction and powers, Labour Court, Labour court, Labour Court judges, Labour Relations, Labour Relations Act 1995, LC Practice Manual, LC Rule 11, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, Orders, Parties, Postponements, Provincial, Rules and practice manuals, 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,...

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Security clearance denied: Termination of employment

by GilesFiles | Oct 15, 2019 | 2019, Applications, Appointed LC judges, Basic Conditions (LRL 10), BCEA 1997, BCEA 77(3) and 77A(e), Capability or capacity, common assumption false, Common Law, Courts, Dispute Resolution (LRL 3), Edwin Tlhotlhalemaje, Impossibility of performance, impossible or illegal, Judges, Labour Court, Labour Court judges, Labour Relations, Labour Relations Act 1995, Lawfulness, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, LRA Chpt: 8a: s185-197B Dismissals, Operation of law, Parties, Provincial, Sectors, Statutes (LRL 2) - work law, Termination & dismissal (LRL 8), Topics, Urgency, 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,...

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Defamatory statements defended: Allegations or facts?

by GilesFiles | Sep 17, 2019 | 2019, Bill of Rights, Common Law, Courts, Dignity equality freedom, Evidence and onus, High Court, High Court judges, Judges, Legal Practice, Onus of proof, Parties, Provincial, Sectors, 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,...

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