Bill of Rights Archives

Questioning union’s genuineness: Registration approved

by GilesFiles | Nov 29, 2024 | 2020 onwards, Appeals, Appeals - leave, Bill of Rights, Causes and defences, Collective Bargain (LRL 5), Common law, Costs, Courts, Declaratory, Disallowed, General, Interpretation etc, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, Legislation, LRA 1995, LRA 6: 95-111 Unions, LRA 9: 198-213 General, Orders, Parties, Personal services, Resolving disputes (LRL 3), Review tests, Roland Sutherland, Sectors, Statutes (LRL 2)-work, Topics, Trade unions | 0 |

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Property rights considered: Majority & dissenting judgments

by GilesFiles | Nov 19, 2024 | 2020 onwards, 2020 onwards, Appeals, Appeals - leave, Bill of Rights, Causes and defences, ConCourt judges, Constitutional Court, Costs, Courts, Declaratory, Disallowed, Evidence & onus, Government, Interpretation etc, Judges, Jurisdiction & powers, Landmark judgments, leave to appeal, Legal Practice, Legality principle, Legislation, Local, OL Rogers, Orders, Parties, Sectors, State organs, Statutory, Topics | 0 |

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Working Sundays considered: Disproportionate pay differentials?

by GilesFiles | Nov 12, 2024 | 2020 onwards, ABB - Fairness principle or concept, Appeals, Appeals - leave, Awards -s145 see also Sidumo, Bill of Rights, Causes and defences, Courts, Declaratory, Disallowed, Discrimination (LRL 11), EEA Chpt II ss 5-11, EEA Chpt III ss 12-27, EEA4 s27, EEA9 Levels s21, Employ Equity (LRL 12), Evidence & onus, Insights, Interpretation etc, Job evaluation and grading, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, Management, Objective - correctness, Orders, Organisations (LRL 4), Parties, Pay differentials, Private enterprises, Resolving disputes (LRL 3), Review tests, Sectors, Seven occupational levels, Statutes (LRL 2)-work, Statutory, Topics, Trade, Work Science Institute | 0 |

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Genetically modified organisms: Precautionary principle triggered

by GilesFiles | Oct 22, 2024 | 2020 onwards, 2020 onwards, Agriculture, Allowed, Appeals, Appeals - leave, Bill of Rights, Causes and defences, Costs, Courts, Declaratory, Evidence & onus, Interpretation etc, Judges, Jurisdiction & powers, Landmark judgments, Legal Practice, Legislation, OL Rogers, Orders, Parties, Private enterprises, SCA judges, Sectors, Selected judges, Statutory, Supreme Court of Appeal, Topics, VM Ponnan | 0 |

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Inherent job requirements: Freedom of religion?

by GilesFiles | Oct 21, 2024 | 2020 onwards, Allowed, André van Niekerk, Appeals, Appeals - leave, Awards -s145 see also Sidumo, Causes and defences, Conduct & capability, Contractual breach, Courts, Declaratory, Dignity equality freedom, EEA 1998, EEA Chpt II ss 5-11, Evidence & onus, Hospitality, Inherent requirements, Interpretation etc, Judges, Jurisdiction & powers, Kate Savage, Labour Appeal Court, Labour Relations, LAC judges, Lawfulness & fairness, Legal Practice, Legislation, LRA 1995, LRA 8a: 185-197B Dismissal, Operational reasons, Orders, Parties, Private enterprises, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, Sidumo - see also awards s 145, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics | 0 |

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Eviction application requirements: No appeal right nor prospects

by GilesFiles | Oct 16, 2024 | 2020 onwards, Appeals, Appeals - leave, Applications, Bill of Rights, Causes and defences, Courts, Disallowed, Eviction/ejectment, Evidence & onus, Government, High Court, High Court judges, Interdicts & rules, Interpretation etc, Judges, Jurisdiction & powers, leave to appeal, Legal Practice, Legislation, Metro, Orders, Parties, Refused, Refused, Rules Codes & Manual, SDJ Wilson, Sectors, Selected judges, State organs, Statutory, Topics | 0 |

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Privacy protection scope: Freedom of expression

by GilesFiles | Oct 9, 2024 | 2020 onwards, Allowed, Appeals, Appeals - leave, Bill of Rights, Causes and defences, ConCourt judges, Constitutional Court, Costs, Courts, Declaratory, Delict, Dignity equality freedom, Evidence & onus, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, Legislation, OL Rogers, Orders, Parties, Personal Information, Pleadings, Private enterprises, RMM Zondo, Rules Codes & Manual, Sectors, Selected judges, Topics | 0 |

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Material non-disclosure: Medical condition not proved

by GilesFiles | Oct 9, 2024 | 2020 onwards, Allowed, Appeals, Appeals - leave, Associations/corporates, Bill of Rights, Causes and defences, ConCourt judges, Constitutional Court, Contractual breach, Costs, Courts, Declaratory, Evidence & onus, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, Legislation, Orders, Parties, Personal services, Pleadings, SA Majiedt, Sectors, Topics, Words & phrases | 0 |

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Defamatory statements interdicted: Reputational damage protected

by GilesFiles | Oct 2, 2024 | 2020 onwards, Applications, Bill of Rights, Causes and defences, Costs, Courts, Declaratory, Delict, Dignity equality freedom, Evidence & onus, Granted, High Court, High Court judges, Interdicts & rules, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, Legislation, Orders, Parties, Private enterprises, Roman Dutch law, Rules Codes & Manual, Sectors, Topics, Trade | 0 |

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Undermining judicial independence: Granted interim interdict

by GilesFiles | Sep 27, 2024 | 2020 onwards, Applications, Bill of Rights, Causes and defences, Central, Common law, Costs, Courts, Declaratory, General, Government, Granted, granted, High Court, High Court judges, Interdicts & rules, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, Legislation, Orders, PAJA 2000, Parties, Review tests, Rule nisi, Rules Codes & Manual, Sectors, State organs, Topics, Urgency | 0 |

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Unenforceable restraint agreement: Balancing of interests

by GilesFiles | Sep 25, 2024 | 2020 onwards, Applications, BCEA 1997 (LRL 10), BCEA 77(3) & 77A(e), Bill of Rights, Causes and defences, Contractual breach, Costs, Courts, Declaratory, Evidence & onus, Insights, Interpretation etc, Judges, Jurisdiction & powers, K Allen-Yaman, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, Logistics, Orders, Parties, Personal Information, Private enterprises, Protectable interests, Resolving disputes (LRL 3), Restraints, Rules Codes & Manual, Sectors, Selected judges, Topics | 0 |

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Restraint partially enforced: Key principles outlined

by GilesFiles | Sep 17, 2024 | 2020 onwards, AA - Resources generally, Applications, BCEA 1997 (LRL 10), BCEA 77(3) & 77A(e), Bill of Rights, Causes and defences, Contractual breach, Costs, Courts, Declaratory, Evidence & onus, Free and fair, Granted, Insights, Interdicts & rules, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, LRA 1995, LRA 7: 112-184 Dispute, LRA D: 151-166 LC, Management, Markets in SA, Orders, Parties, Personal services, Private enterprises, Protectable interests, Resolving disputes (LRL 3), Restraints, RGO Lagrange, Rules Codes & Manual, Sectors, Selected judges, Statutes (LRL 2)-work, Topics | 0 |

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Category: Bill of Rights