Personal services Archives

Lodging appeal effect: Suspension of order?

by GilesFiles | Feb 19, 2021 | 2020 +, Appeals, Applications, Associations, Cause: general, Common Law, Courts, Declaratory, High Court, High Court judges, Interpretation and application, Judges, Jurisdiction and powers, Legal Practice, Legislation, Non-profit organisations, Orders, Parties, Personal services, Roman Dutch law principles, Sectors, Special pleas, Topics | 0 |

Cotty v Registrar: Council for Medical Schemes High court confirmed that the effect at common law of lodging an appeal against a court order has the effect of suspending the operation of the decision appealed against but when...

Project based work: No absolute right to work

by GilesFiles | Feb 11, 2021 | 2020 +, André van Niekerk, Applications, Appointed LC judges, BCEA 77(3) and 77A(e), Cause: contractual breach, Common Law, Construction, Courts, Declaratory, Dispute Resolution (LRL 3), Fixed-term contracts, Interpretation and application, Judges, Jurisdiction and powers, 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, Markets in SA, Operational requirements-s189, Orders, Parties, Personal services, philosophy / economics, Private enterprises, Proof required, Roman Dutch law principles, Sectors, Statutes (LRL 2) - work law, Substantial reason-other, Termination & dismissal (LRL 8), Topics, Valid reason and fair reason | 0 |

Farinha v Boogertman and Partners In context of project based work and bumping at senior management and professional management level the labour court mentioned that the applicant may well have been similarly qualified and...

Judicial review explained: Student disciplinary inquiry

by GilesFiles | Feb 1, 2021 | 2020 +, Common law review, Courts, Declaratory, High Court, High Court judges, Judges, Jurisdiction and powers, Legal Practice, Not awarded, Orders, Orders re costs, Parties, Personal services, Review tests, Rules and practice manuals, Sectors, Sidumo - reasonableness, Topics, Uniform High Court, Universities and schools | 0 |

Dart v DAC of Stellenbosch University High court explained function of judicial review and decided that because the issue of notice did not appear from either the Notice of Motion or the affidavits filed of record, the...

Unprofessional conduct considered: Council practice watchdog

by GilesFiles | Jan 15, 2021 | 2020 +, appeal, Appeals, Associations, Common law review, Courts, Granted, Judges, Jurisdiction and powers, Legal Practice, Legislation, Orders, Parties, Personal services, Review tests, SCA judges, Sectors, Supreme Court of Appeal, 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,...

Alleged corruption discovery: PAIA confidential and sensitive

by GilesFiles | Jan 8, 2021 | 2020 +, Access to information, Applications, Courts, Declaratory, Evidence and onus, Evidentiary burden, High Court, High Court judges, Judges, Jurisdiction and powers, Legal Practice, Legislation, Orders, Parties, Personal services, Protection of Personal Information, Sectors, Topics, Universities and schools | 0 |

Panday v University of KwaZulu-Natal Applicant was characterised as a ‘busybody’ seeking information of alleged corruption but the high court decided that he was entitled to bring the application to vindicate his rights of...

Interim reinstatement refused: Temporary employment?

by GilesFiles | Jan 7, 2021 | 2020 +, Applications, Appointed LC judges, Courts, Dispute Resolution (LRL 3), Interdicts and rule nisi, Judges, Jurisdiction and powers, Labour Court, Labour Court judges, Labour Relations, Labour Relations Act 1995, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, Orders, Orders re costs, Organs of state, Parties, Personal services, punitive costs, Refused, Sectors, SOEs (State Owned Enterprises), 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,...

Advocate readmission refused: Standing of legal bodies

by GilesFiles | Dec 15, 2020 | 2020 +, 2020 +, Appeals, Associations, Cause: general, Common Law, Courts, Declaratory, Judges, Landmark judgments, Legal Practice, Legal practitioners, Legislation, Orders re costs, Parties, Personal services, Review tests, SCA judges, Sectors, Supreme Court of Appeal, 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,...

Disciplinary process outlined: Three-stage inquiry explained

by GilesFiles | Nov 26, 2020 | 2020 +, Applications, Attorney client scale, Cause: statute, Clear and convincing, Common Law, Courts, Declaratory, Evidence and onus, Exceptions/special pleas, High Court, High Court judges, Interpretation and application, Joinder of parties, Judges, Jurisdiction and powers, Legal Practice, Legal practitioners, Orders, Orders re costs, Parties, Personal services, Rules and practice manuals, Sectors, Topics, Uniform High Court | 0 |

SA Legal Practice Council v REC Full bench of the high court outlined the sui generis nature of the disciplinary process and stressed that when considering whether an attorney ought to be removed from the roll or suspended from...

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 housing 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,...

Category: Personal services