Contractual breach Archives

Arbitration governing clauses: Licence agreements replaced

by GilesFiles | May 17, 2022 | 2020 +, appeal, Appeals, Arbitration agreement, Awarded, Causes of action, Contractual breach, Courts, Declaratory, Disallowed, Endumeni Municipality case, Evidence and onus, Exceptions/special pleas, Interpretation and application, Judges, Jurisdiction and powers, Legal Practice, Legislation, Logistics, Orders, Orders re costs, Parties, Private enterprises, SCA judges, Sectors, Supreme Court of Appeal, Topics | 0 |

Tee Que Trading Services (Pty) Ltd v Oracle Corporation SA (Pty) Ltd Is there a discretion to refuse to stay action proceedings when there are clauses governing and providing for arbitration to resolve all disputes? “[36]...

Normal retirement age: Fair dismissal ito LRA s187(2)(b)?

by GilesFiles | May 9, 2022 | 2020 +, Applications, Appointed LC judges, Automatically unfair - s187, Basic Conditions (LRL 10), BCEA 1997, BCEA 77(3) and 77A(e), Bill of Rights, Causes of action, Central, Contractual breach, Courts, Declaratory, deeming provision, Dignity equality freedom, Discrimination (LRL 11), Dispute Resolution (LRL 3), EEA Chpt II ss 5-11, Employment Equity (LRL 12), Employment Equity Act 1998, Endumeni Municipality case, Evidence and onus, Exceptions/special pleas, Government, Holistic evaluation, Interpretation and application, Invalid or unfair reason, Judges, Labour Court, Labour Court judges, Labour Relations, Labour Relations Act 1995, Lawfulness, Legal Practice, Legislation, LRA Chpt: 7: s112-184 Dispute resolution, LRA Chpt: 8a: s185-197B Dismissals, MPN Nkutha-Nkontwana, Not awarded, Operation of law, Orders, Orders re costs, Organs of state, Parties, Provisos, Retirement age, Roman Dutch law principles, Sectors, Severance forfeited, Statement of claim, Statutes (LRL 2) - work law, Statutory, Summary - generally, Termination & dismissal (LRL 8), Topics | 0 |

Solidarity obo Strydom v State Information Technology Agency SOC Ltd With regard to a normal or agreed retirement age how can an exception or proviso ever cancel out a constitutional right not to be discriminated against solely...

Covid-19 operational requirements: Dismissal valid and fair

by GilesFiles | Mar 7, 2022 | Applications, BCEA 1997, Bill of Rights, Causes of action, CCMA awards, CCMA members, CCMA rules, Compensation, Contractual breach, Courts, Covid-19 issues, Discharged on account, Dispute Resolution (LRL 3), Exceptions/special pleas, Ill health and illness, Impossible or illegal performance, Insights, Judges, Jurisdiction and powers, Labour Relations, Labour Relations Act 1995, Lawfulness, Legal Practice, Legal practitioners, Legislation, LRA Chpt: 7: s112-184 Dispute resolution, LRA Chpt: 8a: s185-197B Dismissals, Not awarded, Operation of law, Orders, Orders re costs, Parties, Personal services, Private enterprises, Procedural issues, Rules, Sectors, Statutes (LRL 2) - work law, Substantial reason-other, Summary - generally, supervening impossibility, Termination & dismissal (LRL 8), Topics | 0 |

Dryden v Duncan Korabie Attorneys How should managers deal with employees who refuse to be vaccinated and may employment be terminated after following a fair procedure and should the reason for dismissal be related to conduct or...

Unlawful collective agreement: Unenforceable as invalid

by GilesFiles | Feb 28, 2022 | 2020 +, 2020 +, appeal, Appeals, Bill of Rights, Causes of action, Central, Collective Bargaining (LRL 5), ConCourt judges, Constitutional Court, Contractual breach, Courts, Declaratory, Disallowed, Dispute Resolution (LRL 3), Evidence and onus, Exceptions/special pleas, Factual disputes, Government, Judges, Labour Relations, Labour Relations Act 1995, Landmark judgments, Legal Practice, Legality principle, Legislation, LRA Chpt: 3: s11-63 Collective Bargaining, LRA Chpt: 7: s112-184 Dispute resolution, Not awarded, Orders, Orders re costs, Organs of state, Parties, Review tests, Sectors, Special pleas, 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,...

Unreasonable restraint covenant: Competition not unlawful

by GilesFiles | Feb 21, 2022 | 2020 +, Applications, Appointed LC judges, BCEA 1997, BCEA 77(3) and 77A(e), Causes of action, Competition, Construction industry, Contractual breach, Courts, Declaratory, Dispute Resolution (LRL 3), Evidence and onus, Evidentiary burden, H Rabkin-Naicker, Interdicts and rule nisi, Interpretation and application, Judges, Labour Court, Labour Court judges, Labour Relations, Labour Relations Act 1995, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, Manufacturing, Orders, Orders re costs, Parties, Plascon-Evans rule, Private enterprises, Protectable business interests, Refused, Restraints and restrictions, Sectors, Statutes (LRL 2) - work law, 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,...

Minister’s unfair conduct: Exceeding authority and powers

by GilesFiles | Feb 18, 2022 | 2020 +, Appointed LC judges, Awards -s145, Benefits - 186(2)(a), Causes of action, CCMA rules, Contractual breach, Courts, Declaratory, Dispute Resolution (LRL 3), Evidence and onus, Exceptions/special pleas, Finance, GN Moshoana, Interpretation and application, Joinder of parties, Judges, Labour Court, Labour Court judges, Labour practices (LRL 9), Labour Relations, Labour Relations Act 1995, Legal Practice, Legislation, LRA Chpt: 7: s112-184 Dispute resolution, LRA Chpt: 8b: s185-186(2) Labour practices, Not awarded, Orders, Orders re costs, Parties, Review tests, Rules, Sectors, Sidumo - reasonableness, SOEs (State Owned Enterprises), Special pleas, Specific performance, Statement of claim, Statutes (LRL 2) - work law, supervening impossibility, 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,...

Cancelling settlement agreement: Misrepresented facts

by GilesFiles | Feb 17, 2022 | 2020 +, André van Niekerk, Applications, Appointed LC judges, Basic Conditions (LRL 10), BCEA 77(3) and 77A(e), Causes of action, Contractual breach, Courts, Declaratory, Dispute Resolution (LRL 3), Evidence and onus, Exceptions/special pleas, Finance, Interpretation and application, Judges, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Logistics, Not awarded, Orders, Orders re costs, Parties, Plascon-Evans rule, Private enterprises, Roman Dutch law principles, Sectors, Special pleas, Specific performance, 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,...

Capacity related dismissal: Must consider alternatives

by GilesFiles | Feb 2, 2022 | 2020 +, Appointed LC judges, Awards -s145, Capacity, Causes of action, Central, Con 158 (1982), Contractual breach, Courts, Declaratory, Dispute Resolution (LRL 3), Evidence and onus, GN Moshoana, Government, Holistic evaluation, Ill health and illness, ILO Conventions, Interpretation and application, Judges, Jurisdiction and powers, Labour Court, Labour Court judges, Labour Relations, Labour Relations Act 1995, Legal Practice, Legislation, LRA Chpt: 7: s112-184 Dispute resolution, LRA Chpt: 8a: s185-197B Dismissals, Management, Not awarded, Onus of proof, Orders, Orders re costs, Organs of state, Parties, Policies - strategies - tactics, Procedural issues, Review tests, Rules, Sectors, Sidumo - reasonableness, SOEs (State Owned Enterprises), Statutes (LRL 2) - work law, Statutory, Termination & dismissal (LRL 8), Topics, Totality, Valid reason and fair reason, Without forfeiting rights | 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,...

Contractual claim denied: CCMA has jurisdiction

by GilesFiles | Feb 1, 2022 | 2020 +, Applications, Appointed LC judges, BCEA 1997, BCEA 77(3) and 77A(e), Causes of action, Contractual breach, Courts, Customary Law, Dispute Resolution (LRL 3), Evidence and onus, GN Moshoana, Government, Interpretation and application, Judges, Jurisdiction and powers, Labour Court, Labour Court judges, Labour Relations, Labour Relations Act 1995, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, Municipal, Orders, Orders re costs, Organs of state, Parties, Plascon-Evans rule, Sectors, Statutes (LRL 2) - work law, 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,...

Lawful employment termination: compliance with contract

by GilesFiles | Jan 31, 2022 | 2020 +, absolution from instance, Applications, Banks, Bill of Rights, Bill of Rights, Causes of action, Contractual breach, Courts, Delict, Dignity equality freedom, Dismissal generally, Evidence and onus, Evidentiary burden, Exceptions/special pleas, Finance, High Court, High Court judges, Judges, Lawfulness, Legal Practice, Legislation, Meaning of dismissal, Orders, Orders re costs, Parties, Proof required, Res judicata (issue estoppel), Sectors, Special pleas, Substantial reason-other, Termination & dismissal (LRL 8), Topics, Valid reason and fair reason | 0 |

Moyo v Old Mutual Ltd Lawful employment termination confirmed by high court after considering and rejecting all the alleged breaches and decided that the abandonment of the main claim for re-instatement did not do away with the...

Upholding exception to claim: Insufficient factual allegations

by GilesFiles | Jan 25, 2022 | 2020 +, Amending pleadings, Applications, Causes of action, Contractual breach, Courts, Declaratory, Evidence and onus, Exceptions/special pleas, Factual disputes, High Court, High Court judges, Interpretation and application, Judges, Legal Practice, Logistics, Orders, Orders re costs, Parties, Private enterprises, Rules, Sectors, Special pleas, Topics, Uniform High Court | 0 |

Business Connection (Pty) Ltd v Buffalo City Metropolitan Municipality Upholding exception to claim and high court confirmed that if the exception relates to particulars of claim failing to disclose a cause of action, the test...

Pay during lockdown: Specific performance claim

by GilesFiles | Jan 24, 2022 | 2020 +, Applications, Appointed LC judges, BCEA 77(3) and 77A(e), Causes of action, Contractual breach, Courts, Declaratory, Dismissal generally, Dispute Resolution (LRL 3), Exceptions/special pleas, Finance, H Rabkin-Naicker, Impossible or illegal performance, Interpretation and application, Judges, Labour Court, Labour Court judges, Labour Relations, Labour Relations Act 1995, Legal Practice, Legislation, LRA Chpt: 4: s64-77 Strikes & lockouts, LRA Chpt: 7: s112-184 Dispute resolution, Orders, Orders re costs, Parties, Private enterprises, Sectors, Specific performance, Statement of claim, Statutes (LRL 2) - work law, supervening impossibility, 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: Contractual breach