Category: Personal services

Contract terminated unlawfully: Non-recognition of employment

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Irrevocable power of attorney: Securing a debt

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...

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Accessing preserved evidence: Instituting legal proceedings

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...

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Penalty stipulation enforced: Moderated and reduced

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Intolerable continued employment: Leave to appeal refused

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Gross irregular ruling: Failing to pay costs

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Falsely disparaging rival: Unlawful competition interdicted

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...

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Expunging interim order: Effect of appeal

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...

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Unlawful penalty stipulation: Deduction from agent’s commission

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Enforcing restraint agreement: Competition and confidentiality

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Kylie’s appeal upheld: Access to CCMA granted

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...

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