Personal services Archives

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, issue estoppel, Judges, Jurisdiction and powers, Landmark judgments, leave to appeal, Legal Practice, Orders, parol evidence rule, Parties, Personal services, 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...

Defining financial product: Identify before determination

by GilesFiles | Apr 30, 2021 | 2020 +, appeal, Appeals, Cause: general, Common Law, Common law review, Courts, Declaratory, Evidence and onus, Exceptions/special pleas, Factual disputes, Finance, Granted, Interpretation and application, Judges, leave to appeal, Legal Practice, Legislation, Orders, Parties, Personal services, Review tests, SCA judges, Sectors, Special pleas, Supreme Court of Appeal, Topics | 0 |

Impact Financial Consultants CC v Bam NO (Ombud) In defining the nature of a financial product the SCA stated that the Ombud’s approach to the application of common law principles in the determination of a complaint and...

Prescribed minimum benefits: Cause of action lacking

by GilesFiles | Mar 15, 2021 | 2020 +, Applications, Attorney client scale, Cause: general, Common Law, Courts, Declaratory, Exceptions/special pleas, Finance, High Court, High Court judges, Hospitality, issue estoppel, Judges, Jurisdiction and powers, Legal Practice, Legislation, lis alibi pendens, Orders, Orders re costs, Parties, Personal services, Res judicata, Rules, Sectors, SOEs (State Owned Enterprises), Special pleas, Topics, Uniform High Court, Urgency | 0 |

Cassiem v Government Employees Medical Scheme Prescribed minimum benefits claimed again and high court decided that the ‘common thread that permeated through these various proceedings, is the contention by the applicants...

Lodging appeal effect: Suspension of order?

by GilesFiles | Feb 19, 2021 | 2020 +, Appeals, Applications, Associations & corporate bodies, 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 industry, 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, 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 & corporate bodies, 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,...

Category: Personal services