Category: General

Reinstating fixed-term contracts: Labour Court’s jurisdiction

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Precautionary suspension upheld: Rational lawful decision

Motau v Minister of Health When is it rational and lawful to suspend a senior executive as a precaution against the risk of possible harm to the enterprise? “[32] It is common cause that the First Respondent is an organ of...

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Viable alternative remedy: Interdict application refused

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Unilateral employment change: Lack of jurisdiction

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Award made order: Trust and trustees bound

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Master service agreement: No indefinite arrangement

Kellogg Co of SA (Pty) Ltd v Barlow World Logistics Africa (Pty) Ltd High court accepted the task was to determine the characterisation of the most probable agreement in the context of terminating a master service agreement ....

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Constitutional invalidity confirmed: Interests of justice

MEC: Cooperative Governance and Traditional Affairs, KwaZulu-Natal v Nkandla Local Municipality In a dispute concerning constitutional invalidity that was confirmed the Constitutional Court disallowed the appeal and decided that...

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Inquisitorial approach faulted: Perception of bias

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Disputed arbitration agreement: Adopt robust approach

Canton Trading 17 (Pty) Ltd t/a Cube Architects v Fanti Bekker Hattingh NO Disputed arbitration agreement considered by SCA and decided to refer the matter back to the high court based on the following: “However, where the...

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High court proceedings: Pleadings joinder costs

Hlophe JP v Freedom Under Law    In considering the nature and effect of proceedings in the high court a full bench confirmed that in none of the cited judgments is an affidavit equated to a pleading. “The common thread...

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Unreasonable renewal expectation: Morphing of agreement?

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Employment jurisdictional issues: Unfair labour practices

NPA v Psa obo Meintjies and 55 others Employment jurisdictional issues considered by the SCA and the majority judgment concluded that “the high court did not have jurisdiction to hear the matter. It had no power or...

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