General Archives

Unreasonable restraint enforcement: No protectable interests

by GilesFiles | Jun 28, 2024 | 2020 onwards, AB Insights law, Applications, BCEA 77(3) & 77A(e), Causes and defences, Contractual breach, Costs, Courts, Declaratory, Fairness principle or concept, Free and fair, General, Insights, Interdicts & rules, Interpretation etc, Judges, Jurisdiction & powers, Kate Savage, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, LRA 1995, LRA 7: 112-184 Dispute, LRA D: 151-166 LC, Management, Markets in SA, Orders, Parties, Private enterprises, Protectable interests, Refused, Resolving disputes (LRL 3), Restraints, Sectors, Selected judges, Statutes (LRL 2)-work, Topics, Trade | 0 |

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Unwarranted legitimate expectation: Graduating with distinction

by GilesFiles | Jun 18, 2024 | 2020 onwards, Applications, Causes and defences, Contractual breach, Costs, Courts, Declaratory, General, High Court, High Court judges, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, Legislation, Legitimate expectations, Orders, Parties, Personal services, Rules Codes & Manual, Sectors, Topics, Universities and schools | 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,...

Disgorging secret profits: Secondment agreements

by GilesFiles | Apr 11, 2024 | 2020 onwards, Appeals, Appeals - leave, Applications, BCEA 1997 (LRL 10), BCEA 77(3) & 77A(e), Causes and defences, Contractual breach, Costs, Courts, Declaratory, Delict, Disallowed, Finance, General, Interpretation etc, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, Lawfulness & fairness, Legal Practice, Orders, Parties, Personal services, Private enterprises, Resolving disputes (LRL 3), Sectors, Terms & conditions, Topics, Words & phrases | 0 |

RFS Administrator v SLS and others What are legal requirements when claim relates to disgorging secret profits and what is effect of secondment agreement? “[62] In order to succeed with its claim for disgorgement of...

Disclosure of personal records: Need to redact?

by GilesFiles | Mar 7, 2024 | 2020 onwards, Appeals, Appeals - leave, BC and HOAs, Bill of Rights, Causes and defences, Community schemes, Costs, Courts, Declaratory, Disallowed, General, High Court, High Court judges, Interpretation etc, Judges, Jurisdiction & powers, Labour Relations, Legal Practice, Legislation, Orders, Parties, Rules Codes & Manual, SDJ Wilson, Sectors, Selected judges, Statutory, Topics | 0 |

Montrose Mews Body Corporate v Moela NO Does PAIA apply to application by BC member ito Management Rule 26(2) for disclosure of personal records? “22 In sum, it would be truly perverse to encumber specific statutory rights...

Granting unsought order: Repayment of pension money?

by GilesFiles | Nov 9, 2023 | 2020 onwards, Allowed, Appeals, Appeals - leave, Causes and defences, Central, Costs, Courts, Declaratory, General, Government, Interdicts & rules, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, Orders, Parties, Pleadings, SCA judges, Sectors, State Owned Enterprises, Supreme Court of Appeal, Topics | 0 |

PdN v Government Employees Pension Fund In upholding an appeal was SCA correct in deciding that high court erred in granting an unsought order for repayment of pension monies already paid to employee before settlement agreement...

Consolidating disputes considered: Expedient and just?

by GilesFiles | Aug 10, 2023 | 2020 onwards, Applications, Causes and defences, Costs, Courts, Declaratory, General, Interpretation etc, Joinder, Judges, Labour Court, Labour Court judges, Labour Relations, LC Rules, Legal Practice, LRA 1995, LRA 7: 112-184 Dispute, LRA D: 151-166 LC, MZN Lallie, Orders, Parties, Private enterprises, Resolving disputes (LRL 3), Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, 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,...

Unproven alleged dishonesty: Burden of proof

by GilesFiles | Jul 6, 2023 | 2020 onwards, Awards -s145 see also Sidumo, Causes and defences, Conduct & capability, Costs, Courts, Declaratory, Evidence & onus, General, Hearing procedure, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Lawfulness & fairness, Legal Practice, LRA 1995, LRA 7: 112-184 Dispute, LRA 8a: 185-197B Dismissal, LRA Sch 8: GP Code, Mining, Orders, Parties, Pleadings, Private enterprises, Resolving disputes (LRL 3), Review tests, Risks, Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics, Trust & confidence | 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,...

Inexcusable delayed hearing: Final interdict granted

by GilesFiles | Mar 30, 2023 | 2020 onwards, Applications, Associations/corporates, Bill of Rights, Causes and defences, Costs, Courts, Declaratory, Fairness principle or concept, General, Granted, High Court, High Court judges, Interdicts & rules, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, Orders, Parties, Personal services, Review tests, Rules Codes & Manual, Sectors, Statutory, staying proceedings, Topics | 0 |

Dr A v Health Professions Council of SA What should courts do when there is an inexcusable delayed hearing against doctor concerning alleged unprofessional medical conduct? ’84. I also agree that if one considers the...

Beneficial interest explained: Regulating ownership

by GilesFiles | Mar 28, 2023 | 2020 onwards, Allowed, Appeals, Appeals - leave, Causes and defences, ConCourt judges, Constitutional Court, Costs, Courts, General, Interpretation etc, Judges, Legal Practice, Legislation, OL Rogers, Orders, Parties, Private enterprises, Sectors, Selected judges, Topics, Trade | 0 |

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Recommencing arbitration proceedings: Arbiter mistakes

by GilesFiles | Mar 22, 2023 | 2020 onwards, Awards -s145 see also Sidumo, Causes and defences, Central, Costs, Courts, Declaratory, General, Government, Interpretation etc, Judges, Labour Court, Labour Court judges, Labour Relations, Legislation, LRA 1995, LRA 7: 112-184 Dispute, LRA C: 133-150 CCMA, Orders, Parties, Recusal, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sean Snyman, Sectors, Selected judges, Sidumo - see also awards s 145, State organs, Statutes (LRL 2)-work, Statutory, Topics | 0 |

Minister of Correctional Services v NWM Will recommencing arbitration proceedings always be necessary when earlier proceedings are a nullity due to arbiter conduct? “[90] Having regard to the conclusion I have come to...

Necessary repair expenses: Negotiorum gestio

by GilesFiles | Feb 10, 2023 | 2020 onwards, 2020 onwards, Allowed, Appeals, Appeals - leave, Causes and defences, Costs, Courts, Declaratory, General, Government, High Court, High Court judges, Interpretation etc, Judges, Jurisdiction & powers, Landmark judgments, Legal Practice, Legislation, Logistics, Orders, Parties, Pleadings, Provincial, Roman Dutch law, Rules Codes & Manual, Sectors, State organs, Topics | 0 |

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Bad faith motives: Conflicting interests?

by GilesFiles | Jan 19, 2023 | 2020 onwards, Applications, Bill of Rights, Causes and defences, Central, Conduct & capability, Contractual breach, Costs, Courts, Declaratory, General, Government, Hearing procedure, High Court, High Court judges, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, Legality principle, Legislation, Mining, Orders, Parties, Poor performance, Review tests, Risks, Rules Codes & Manual, Sectors, State organs, Statutory, Termination (LRL 8), Topics, Trust & confidence | 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: General