Personal services Archives

Apprehension of irreparable harm: Well-grounded?

by GilesFiles | May 30, 2022 | 2020 +, A.G. Binns-Ward, Applications, Awarded, Causes of action, Central, Courts, Declaratory, Evidence and onus, Evidentiary burden, Government, High Court, High Court judges, Interdicts and rule nisi, Interim relief, Interpretation and application, Judges, Legal Practice, Legality principle, Legislation, Orders, Orders re costs, PAJA 2000, Parties, Personal services, Refused, Regulations, Review tests, Rules, Sectors, SOEs (State Owned Enterprises), Statutory, staying proceedings and execution, Topics, Urgency | 0 |

E v The Health Professionals Council of SA When is there a genuine apprehension of irreparable harm that requires a court to stay an investigation into alleged unethical conduct? “[43] All of this leads me to conclude that...

Access to information ordered: Section 78(2)(d)(i) of PAIA

by GilesFiles | May 16, 2022 | 2020 +, Access to information, Applications, Awarded, Causes of action, Courts, Declaratory, Evidence and onus, Exceptions/special pleas, High Court, High Court judges, Interpretation and application, Judges, Jurisdiction and powers, Legal Practice, Legislation, Orders, Orders re costs, Parties, Personal services, Private enterprises, Protection of Personal Information, Sectors, Special pleas, Specific performance, Statutory, Topics | 0 |

Goosen-Joubert v Women4Women NPC Why was access to information ordered by the high court and what were the reasons for making that order? “[73] In my view, the applicant has made out a proper case that entitles her to the...

Sale not transfer agreement: LRA s197 jurisdiction lacking

by GilesFiles | May 9, 2022 | 2020 +, Applications, Appointed LC judges, BCEA 1997, BCEA 77(3) and 77A(e), Business transfers, Causes of action, Courts, Declaratory, Dispute Resolution (LRL 3), Exceptions/special pleas, Interpretation and application, Judges, Jurisdiction and powers, Labour Court, Labour Court judges, Labour Relations, Labour Relations Act 1995, Legal Practice, Legality principle, LRA Chpt: 7: s112-184 Dispute resolution, Not awarded, Orders, Orders re costs, Parties, Personal services, Private enterprises, Review tests, RGO Lagrange, Rules, Sectors, Special pleas, Statutes (LRL 2) - work law, Statutory, 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,...

Constitution compliance accepted: Lawful & interdict refused

by GilesFiles | Mar 18, 2022 | 2020 +, Applications, Appointed LC judges, Causes of action, Contractual breach, Courts, Declaratory, Dispute Resolution (LRL 3), Evidence and onus, Exceptions/special pleas, Factual disputes, GN Moshoana, Interdicts and rule nisi, Interpretation and application, Judges, Jurisdiction and powers, Labour Court, Labour Court judges, Labour Relations, Labour Relations Act 1995, Legal Practice, Legislation, LRA Chpt: 6: s95-111 Unions and Organisations, LRA Chpt: 7: s112-184 Dispute resolution, Not awarded, Orders, Orders re costs, Organisations (LRL 4), Parties, Personal services, Plascon-Evans rule, Refused, Rules, Sectors, Special pleas, Statutes (LRL 2) - work law, Statutory, 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,...

Provable damages awarded: Child sexual assault

by GilesFiles | Mar 17, 2022 | 2020 +, Applications, Awarded, Causes of action, Contractual breach, Courts, Evidence and onus, Exceptions/special pleas, High Court, High Court judges, Judges, Labour Relations Act 1995, Legal Practice, ML Sher, Orders, Orders re costs, Organs of state, Parties, Personal services, Sectors, Special pleas, Statutes (LRL 2) - work law, Statutory, 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,...

Genuine meaningful consultation: Consider alternatives

by GilesFiles | Mar 16, 2022 | 2020 +, Acting LAC judges, appeal, Appeals, Courts, Disallowed, Dispute Resolution (LRL 3), Judges, 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, LRA Chpt: 8a: s189 and 189A see Termination, Not awarded, Operational requirements-s189, Orders, Orders re costs, Parties, Personal services, Private enterprises, Procedural issues, 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,...

Covid-19 operational requirements: Dismissal valid and fair

by GilesFiles | Mar 7, 2022 | Applications, BCEA 1997, Bill of Rights, Causes of action, CCMA awards, CCMA members, CCMA rules, Compensation, Contractual breach, Courts, Covid-19 issues, Discharged on account, Dispute Resolution (LRL 3), Exceptions/special pleas, Ill health and illness, Impossible or illegal performance, Insights, Judges, Jurisdiction and powers, Labour Relations, Labour Relations Act 1995, Lawfulness, Legal Practice, Legal practitioners, Legislation, LRA Chpt: 7: s112-184 Dispute resolution, LRA Chpt: 8a: s185-197B Dismissals, Not awarded, Operation of law, Orders, Orders re costs, Parties, Personal services, Private enterprises, Procedural issues, Rules, Sectors, Statutes (LRL 2) - work law, Substantial reason-other, Summary - generally, supervening impossibility, Termination & dismissal (LRL 8), Topics | 0 |

Dryden v Duncan Korabie Attorneys How should managers deal with employees who refuse to be vaccinated and may employment be terminated after following a fair procedure and should the reason for dismissal be related to conduct or...

Vaccination passport policy: No grounds for urgency

by GilesFiles | Feb 2, 2022 | 2020 +, Acting LC judges, Applications, Awarded, Causes of action, Courts, Covid-19 issues, Dispute Resolution (LRL 3), Insights, Interdicts and rule nisi, Judges, Labour Court, Labour Court judges, Labour Relations, Labour Relations Act 1995, LC Rules, Legal Practice, Legislation, LRA Chpt: 7: s112-184 Dispute resolution, Management, Orders, Orders re costs, Parties, Personal services, Policies - strategies - tactics, Private enterprises, Refused, Regulations, Rules, Sectors, Statutes (LRL 2) - work law, Statutory, Struck off, 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,...

Prescription of maintenance orders: Judgment debt 30 years

by GilesFiles | Jan 21, 2022 | 2020 +, appeal, Appeals, Causes of action, Courts, Declaratory, Disallowed, Exceptions/special pleas, Interpretation and application, Judges, Legal Practice, Legislation, Orders, Parties, Personal services, prescription, Private enterprises, Roman Dutch law principles, SCA judges, Sectors, Statutory, Supreme Court of Appeal, Topics | 0 |

SRA v JHA In considering the prescription of maintenance orders a majority of the SCA decided that section 24(1) of the Maintenance Act provides “that a maintenance order shall have the effect of an order or direction of...

Short term incentives: Regarded as benefits

by GilesFiles | Jan 18, 2022 | 2020 +, Appointed LC judges, Awards -s145, Benefits - 186(2)(a), Courts, Declaratory, Dispute Resolution (LRL 3), H Rabkin-Naicker, Judges, Labour Court, Labour Court judges, Labour practices (LRL 9), Labour Relations, Labour Relations Act 1995, Legal Practice, Legislation, Logistics, LRA Chpt: 7: s112-184 Dispute resolution, LRA Chpt: 8b: s185-186(2) Labour practices, Orders, Orders re costs, Parties, Personal services, Private enterprises, Review tests, Rules, 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,...

Rebuttable presumption explained: Diseases while working

by GilesFiles | Jan 12, 2022 | 2020 +, Allowed, appeal, Appeals, Bill of Rights, Causes of action, Courts, Dispute Resolution (LRL 3), Evidence and onus, Evidentiary burden, High Court, High Court judges, Interpretation and application, Judges, Labour Relations, Legal Practice, Legislation, Onus of proof, Orders, Orders re costs, Parties, Personal services, Presumptions, Private enterprises, Regulations, Sectors, Statutory, 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,...

Unprotected personal information: Expression and privacy

by GilesFiles | Jan 10, 2022 | 2020 +, Allowed, appeal, Appeals, Bill of Rights, Causes of action, Courts, Delict, Dignity equality freedom, Evidence and onus, Exceptions/special pleas, Holistic evaluation, Interpretation and application, Judges, Legal Practice, Orders, Orders re costs, Parties, Personal services, Private enterprises, Protection of Personal Information, Roman Dutch law principles, SCA judges, Sectors, Special pleas, Supreme Court of Appeal, Topics | 0 |

Smuts v Botha The issue concerned unprotected personal information and SCA allowed the appeal and decided that personal information was in the public domain before the posts were published and ownership of the farm was a matter...

Category: Personal services