Personal services Archives

Contract terminated unlawfully: Non-recognition of employment

by GilesFiles | Nov 2, 2020 | 2020, Appointed LC judges, Courts, Dispute Resolution (LRL 3), Edwin Tlhotlhalemaje, 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, Parties, Personal services, 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,...

Irrevocable power of attorney: Securing a debt

by GilesFiles | Oct 19, 2020 | 2020, appeal, Appeals, Cause: contractual breach, Common Law, Community schemes, Courts, Exceptions/special pleas, Granted, Interpretation and application, Judges, Jurisdiction and powers, Legal Practice, Legal practitioners, Orders, Parties, Personal services, Roman Dutch law principles, SCA judges, Sectors, Special pleas, Supreme Court of Appeal, Topics | 0 |

Smit v Origize 166 Strand Real Estate (Pty) Ltd SCA considered our law stretching back more than 125 years to the point where it was developed and established the principle that a power of attorney given as security for a debt...

Accessing preserved evidence: Instituting legal proceedings

by GilesFiles | Oct 16, 2020 | 2020, Access to information, Anton Piller, Applications, Cause: general, Common Law, Courts, Declaratory, Evidence and onus, Finance, Granted, High Court, High Court judges, Interdicts and rule nisi, Judges, Jurisdiction and powers, Just and equitable relief, Legal Practice, New evidence, Orders, Parties, Personal services, Private enterprises, Protection of Personal Information, Rules and practice manuals, Sectors, Topics, Uniform High Court | 0 |

Cell C Ltd v MA Accessing preserved evidence allows a former employer to obtain the necessary evidence and proof to institute legal action against former employees who colluded in causing substantial prejudice to the employer...

Penalty stipulation enforced: Moderated and reduced

by GilesFiles | Sep 10, 2020 | 2020, Cause: contractual breach, Cause: statute, Common Law, Courts, Evidence and onus, High Court, High Court judges, Interpretation and application, Judges, Jurisdiction and powers, Just and equitable relief, Legal Practice, Orders, Organs of state, Parties, Personal services, Sectors, Statement of claim, 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,...

Intolerable continued employment: Leave to appeal refused

by GilesFiles | Aug 19, 2020 | 2020, André van Niekerk, Appeals, Appointed LC judges, Associations, Constructive, Courts, Dispute Resolution (LRL 3), Judges, Jurisdiction and powers, Labour Court, Labour Court judges, Labour Relations, Labour Relations Act 1995, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, Non-profit organisations, Objective or correct, Orders, Parties, Personal services, Review tests, Rulings - s158(1)(g), 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,...

Gross irregular ruling: Failing to pay costs

by GilesFiles | May 18, 2020 | 2020, appeal, Appeals, Courts, Dispute Resolution (LRL 3), Judges, Jurisdiction and powers, Labour Appeal Court, Labour Relations, Labour Relations Act 1995, LAC judges, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, Objective or correct, Orders, Parties, Personal services, Refused, 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,...

Falsely disparaging rival: Unlawful competition interdicted

by GilesFiles | Mar 19, 2020 | 2020, Appeals, Applications, Bill of Rights, Cause: Bill of Rights, Cause: delict, Common Law, Consumer protection, Courts, Free and fair, Granted, Hospitality, Interdicts and rule nisi, Judges, Jurisdiction and powers, Legal Practice, Markets in SA, Parties, Personal services, Private enterprises, SCA judges, Sectors, Supreme Court of Appeal, Topics | 0 |

Nativa (Pty) Ltd v Austell Laboratories (Pty) Ltd SCA considered a competitor falsely disparaging a rival and allowed the appeal and confirmed what was said as far back as 1887 ‘Fair and honest competition, however active, is...

Expunging interim order: Effect of appeal

by GilesFiles | Mar 17, 2020 | 2020, Applications, Cause: statute, Common Law, Courts, Declaratory, Exceptions/special pleas, Finance, High Court, High Court judges, Interdicts and rule nisi, Judges, Jurisdiction and powers, Legal Practice, Orders, Parties, Personal services, Private enterprises, Refused, Sectors, Special pleas, Topics, Urgency | 0 |

Moyo v Old Mutual Ltd After expunging interim order the High Court decided against exercising a discretion in favour of applicant in circumstances where specific performance should not be granted by reason of breakdown of the...

Unlawful penalty stipulation: Deduction from agent’s commission

by GilesFiles | Feb 6, 2020 | 2020, Applications, Appointed LC judges, BCEA 1997, BCEA 77(3) and 77A(e), Courts, Declaratory, Dispute Resolution (LRL 3), Estate agents, Evidence and onus, Exceptions/special pleas, Judges, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Parties, Personal services, Sectors, Special pleas, Statement of claim, 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,...

Enforcing restraint agreement: Competition and confidentiality

by GilesFiles | Jul 4, 2019 | 2020, Acting LC judges, Applications, BCEA 77(3) and 77A(e), Cause: contractual breach, Common Law, Courts, Declaratory, Granted, Interdicts and rule nisi, Judges, Jurisdiction and powers, Labour Court, Labour Court judges, Legal Practice, Orders, Parties, Personal services, Private enterprises, 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,...

Kylie’s appeal upheld: Access to CCMA granted

by GilesFiles | May 29, 2010 | 2014 and earlier, appeal, Appeals, Appointed LAC judges, BCEA 1997, Bill of Rights, Capability or capacity, Cause: statute, Common Law, Conduct or capacity, Courts, Declaratory, Dennis Davis, Dignity equality freedom, Dispute Resolution (LRL 3), Granted, illegal, Judges, Labour Appeal Court, Labour Relations, Labour Relations Act 1995, LAC judges, Lawfulness, Legal Practice, Legality principle, LRA Chpt: 7: s112-184 Dispute resolution, LRA Chpt: 8a: s185-197B Dismissals, Objective or correct, Orders, Parties, Personal services, Private security, Review tests, Sectors, Statutes (LRL 2) - work law, Termination & dismissal (LRL 8), Thresholds, Topics | 3 |

On 28 May 2010 the Labour Appeal Court reversed that decision – see Kylie v CCMA (Michele van Zyl t/a Brigittes). In a unanimous judgment Davis JA upheld Kylie’s appeal and reviewed and set aside the CCMA’s ruling and declared...

Paul Benjamin’s take on Kylie

by GilesFiles | Mar 15, 2009 | Bill of Rights, Dignity equality freedom, Fun and Games, Legislation, Parties, Personal services, Private enterprises, Sectors, Thought Leaders, Topics | 1 |

Professor Paul Benjamin has graciously consented to allow GilesFiles to reproduce (perhaps a word that should also be banned?) his tongue in cheek (oops) contribution to the SASLAW September 2008 Newsletter in response to...

Category: Personal services