Personal services Archives

Discovering restraint documents: Uniform Rule 35 notice

by GilesFiles | Oct 14, 2021 | 2020 +, appeal, Appeals, Applications, Cause: statute, Common Law, Condonation, Courts, Declaratory, Evidence and onus, Granted, High Court, High Court judges, Interpretation and application, Judges, leave to appeal, Legal Practice, Legislation, Orders, Parties, Personal services, Private enterprises, Refused, Rules, Sectors, Topics, Uniform High Court | 0 |

Baard v Allem On appeal a full bench of the high court considered an issue relating to discovering documents concerning a trade restraint and decided that there was no basis to interfere with the discretion exercised by the...

Protecting indigenous languages: Unjustified limitation (2)?

by GilesFiles | Sep 22, 2021 | 2020 +, appeal, Appeals, Bill of Rights, Common Law, ConCourt judges, Constitutional Court, Courts, Declaratory, Dignity equality freedom, Evidence and onus, Exceptions/special pleas, Expert, Holistic evaluation, Interpretation and application, Judges, Jurisdiction and powers, leave to appeal, Legal Practice, Legality principle, Legislation, Orders, Orders re costs, Organs of state, Parties, Personal services, Plascon-Evans rule, Refused, Review tests, Roman Dutch law principles, Rules, Sectors, Special pleas, Thought Leaders, Topics, Uniform High Court, Universities and schools | 0 |

Chairperson of the Council of UNISA v AfriForum NPC Constitutional Court was concerned with protecting indigenous languages and a fundamental right in section 29(2) of the Constitution and a trilogy of cases on the policy of...

Protecting indigenous languages: Unjustified limitation(1)?

by GilesFiles | Sep 22, 2021 | 2020 +, appeal, Appeals, Bill of Rights, Common Law, ConCourt judges, Constitutional Court, Courts, Declaratory, Dignity equality freedom, Evidence and onus, Exceptions/special pleas, Expert, Holistic evaluation, Interpretation and application, Judges, Jurisdiction and powers, leave to appeal, Legal Practice, Legality principle, Legislation, Orders, Orders re costs, Organs of state, Parties, Personal services, Plascon-Evans rule, Refused, Review tests, Roman Dutch law principles, Rules, Sectors, Special pleas, Thought Leaders, Topics, Uniform High Court, Universities and schools | 0 |

Chairperson of the Council of UNISA v AfriForum NPC Constitutional Court was concerned with protecting indigenous languages and a fundamental right in section 29(2) of the Constitution and a trilogy of cases on the policy of...

Perusing legal documents: Taxing fees of attorneys

by GilesFiles | Sep 17, 2021 | 2020 +, Applications, Cause: contractual breach, Common Law, Common law review, Courts, High Court, High Court judges, Interpretation and application, Judges, Jurisdiction and powers, Legal Practice, Legal practitioners, Legislation, Orders, Parties, Personal services, Review tests, Roman Dutch law principles, Rules, Sectors, Topics, Uniform High Court | 0 |

Strauss Daly v MEC: Health KwaZulu-Natal Taxation of bill for perusing legal documents and high court pointed out that irrespective of whether a ten-hour day is correct or not, it is irrefutable that the plaintiff contends that...

Medical certificate disputed: Absence without leave

by GilesFiles | Sep 8, 2021 | 2020 +, Acting LC judges, Awards -s145, Circumstantial, Conduct or capacity, Courts, Dismissal generally, Dispute Resolution (LRL 3), Evidence and onus, Evidentiary burden, Hearsay, Holistic evaluation, 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, Not awarded, Onus of proof, Orders, Orders re costs, Parties, Personal services, Private enterprises, Review tests, Sectors, Sidumo - reasonableness, Statutes (LRL 2) - work law, Termination & dismissal (LRL 8), Topics, Totality, Trust and confidence, 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,...

Advocate fees liability: Attorney must pay fees

by GilesFiles | Sep 2, 2021 | 2020 +, Applications, Cause: contractual breach, Cause: general, Common Law, Courts, Declaratory, Evidence and onus, Exceptions/special pleas, Factual disputes, High Court, High Court judges, Interpretation and application, Judges, Legal Practice, Legal practitioners, Orders, Orders re costs, Parties, Personal services, Roman Dutch law principles, Rules, Sectors, Special pleas, Statement of claim, Topics, Uniform High Court | 0 |

Solomon SC v Junkeeparsad Regarding liability for advocates fees the high court confirmed that the attorney may legally be sued personally and a judgment can legally be entered against him because he instructed counsel as...

Withdrawn review application: Abuse of process?

by GilesFiles | Jul 27, 2021 | 2020 +, appeal, Appeals, Appointed LC judges, Courts, Dispute Resolution (LRL 3), Evidence and onus, Judges, Labour Court, Labour Court judges, Labour Relations, Labour Relations Act 1995, LC Rule 11, LC Rules, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, LRA Chpt: 8a: s185-197B Dismissals, Orders, Parties, Personal services, Review tests, Rules, Rulings - s158(1)(g), Sectors, Statutes (LRL 2) - work law, Topics, Trade unions | 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,...

Self-created urgency: Parallel processes decried

by GilesFiles | Jun 24, 2021 | 2020 +, Applications, Appointed LC judges, Associations & corporate bodies, Courts, Dispute Resolution (LRL 3), Exceptions/special pleas, Interdicts and rule nisi, Judges, Labour Court, Labour Court judges, Labour Relations, Labour Relations Act 1995, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, Orders, Orders re costs, Parties, Personal services, Refused, Rules, Sectors, self-created urgency, Statutes (LRL 2) - work law, 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,...

Arbitration costs disputed: Absence of agreement

by GilesFiles | Jun 21, 2021 | 2020 +, Applications, Cause: general, Common Law, Courts, Exceptions/special pleas, High Court, High Court judges, Judges, Jurisdiction and powers, Legal Practice, Parties, Personal services, Private enterprises, Sectors, Special pleas, Topics | 0 |

Bike Mob (Pty) Ltd v Arbitrator [Capitalgro (Pty) Ltd] Arbitration costs disputed and various interlocutory skirmishes fizzled out at the start of the hearing and both counsel agreed that the high court was only required to...

Rule 11 application: Mootness and ripeness

by GilesFiles | Jun 17, 2021 | 2020 +, Applications, Appointed LC judges, Courts, Declaratory, Dispute Resolution (LRL 3), Edwin Tlhotlhalemaje, Exceptions/special pleas, Joinder of parties, Judges, Jurisdiction and powers, Labour Court, Labour Court judges, Labour Relations, Labour Relations Act 1995, LC Rule 11, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, Mootness, Orders, Orders re costs, Parties, Personal services, Rescission, Sectors, Statutes (LRL 2) - work law, Topics, Trade unions | 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,...

Interpreting contracts holistically: Text context purpose

by GilesFiles | Jun 11, 2021 | 2020 +, 2020 +, appeal, Appeals, Cause: contractual breach, Common Law, ConCourt judges, Constitutional Court, Courts, Declaratory, Evidence and onus, Exceptions/special pleas, Granted, Interpretation and application, Judges, Jurisdiction and powers, Landmark judgments, leave to appeal, Legal Practice, Orders, parol evidence rule, Parties, Personal services, Res judicata (issue estoppel), Roman Dutch law principles, Sectors, Special pleas, Topics, Universities and schools | 0 |

University of Johannesburg v Auckland Park Theological Seminary In confirming that the process of interpreting contracts must be done holistically the constitutional court repeated that ‘the inquiry into delectus personae...

Security for costs ordered: Factors enumerated

by GilesFiles | May 27, 2021 | 2020 +, Appointed LC judges, Awards -s145, Courts, Dispute Resolution (LRL 3), Gross misconduct, 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, Non-profit organisations, Parties, Personal services, Procedural issues, Public Protector, 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,...

Category: Personal services