Special pleas Archives

Tendering services discussed: Essential element of claim

by GilesFiles | Jan 22, 2025 | 2020 onwards, Appeals, Appeals - leave, Causes and defences, Courts, Declaratory, Disallowed, General, Interpretation etc, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, Legislation, LRA 1995, LRA 7: 112-184 Dispute, LRA C: 133-150 CCMA, Metro, Objective - correctness, Orders, Parties, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, Special pleas, State organs, Statutes (LRL 2)-work, Statutory, Topics, Words & phrases | 0 |

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Prescribed cause of action: Subpoena duces tecum

by GilesFiles | Dec 30, 2024 | 2020 onwards, Access to information, Appeals, Bill of Rights, Causes and defences, Costs, Courts, Declaratory, Disallowed, Evidence & onus, Government, Interpretation etc, Irregular proceeding, Judges, Jurisdiction & powers, Legal Practice, Legislation, Orders, Parties, Provincial, Rules Codes & Manual, SCA judges, Sectors, Special pleas, State organs, Supreme Court of Appeal, 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,...

Territorial jurisdiction considered: Enterprise outside SA

by GilesFiles | Oct 4, 2024 | 2020 onwards, Appeals, Causes and defences, Courts, Disallowed, Evidence & onus, Interpretation etc, Judges, Jurisdiction & powers, Kate Savage, Labour Appeal Court, Labour Relations, LAC judges, Lawfulness & fairness, Legal Practice, Legality principle, Legislation, Logistics, LRA 1995, LRA 8a: 185-197B Dismissal, Objective - correctness, Operation of law, Orders, Parties, Private enterprises, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, Selected judges, Special pleas, Statutes (LRL 2)-work, Termination (LRL 8), Territorial jurisdiction, Topics | 0 |

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Unauthorised absenteeism considered: Deemed dismissal?

by GilesFiles | Sep 13, 2024 | 2020 onwards, Absenteeism, Anton Myburgh, Applications, Automatic, Causes and defences, Central, Contractual breach, Courts, Declaratory, Deemed, Evidence & onus, Government, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Lawfulness & fairness, Legal Practice, Legislation, LRA 1995, LRA 8a: 185-197B Dismissal, Objective - correctness, Operation of law, Orders, Parties, Pleadings, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, Selected judges, Special pleas, State organs, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics | 0 |

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Truth of defamatory allegations: Published on privileged occasion?

by GilesFiles | Jul 19, 2024 | 2020 onwards, Applications, Bill of Rights, Causes and defences, Central, Courts, Declaratory, Delict, Evidence & onus, Government, High Court, High Court judges, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, Legislation, Orders, Parties, Pleadings, SDJ Wilson, Sectors, Selected judges, Special pleas, State Owned Enterprises, Topics, Words & phrases | 0 |

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Settling under duress: Proof of dismissal?

by GilesFiles | May 20, 2024 | 2020 onwards, Applications, BM Whitcher, Causes and defences, Contractual breach, Costs, Courts, Declaratory, Evidence & onus, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Lawfulness & fairness, Legal Practice, Legislation, LRA 1995, LRA 8a: 185-197B Dismissal, Manufacturing, Mutual termination, Orders, Parties, Private enterprises, Resolving disputes (LRL 3), Rules Codes & Manual, Sectors, Selected judges, Settlement agreements, Special pleas, Statutes (LRL 2)-work, Termination (LRL 8), Topics | 0 |

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Punitive costs awarded: Jurisdiction lacking

by GilesFiles | Mar 15, 2024 | 2020 onwards, Causes and defences, Costs, Courts, Declaratory, Interpretation etc, Job evaluation and grading, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, LRA 1995, LRA 8a: 185-197B Dismissal, Management, Objective - correctness, Orders, Parties, Personal services, Resolving disputes (LRL 3), Review tests, RN Daniels, Rules Codes & Manual, Sectors, Selected judges, Special pleas, State Owned Enterprises, Statutes (LRL 2)-work, Topics | 0 |

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Collective settlement agreement: Termination by agreement

by GilesFiles | Dec 1, 2023 | 2020 onwards, Applications, Causes and defences, Collective Bargain (LRL 5), Contractual breach, Courts, Declaratory, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, LRA 1995, LRA 3: 11-63 Bargain, Manufacturing, Mutual termination, Orders, Parties, Private enterprises, Resolving disputes (LRL 3), Sectors, Special pleas, Statutes (LRL 2)-work, Termination (LRL 8), Topics | 0 |

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Deciding dispute merits: Res judicata and issue estoppel?

by GilesFiles | Oct 23, 2023 | 2020 onwards, Allowed, Appeals, Appeals - leave, Associations/corporates, BC and HOAs, Causes and defences, Community schemes, Contractual breach, Costs, Courts, Declaratory, High Court, High Court judges, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, Legislation, Orders, Parties, SDJ Wilson, Sectors, Selected judges, Special pleas, Statutory, Topics | 0 |

Compeg Services (Pty) Ltd v Sharon Park Lifestyle Estate (NPC) Can CSOS resolve claim for damages which depends on deciding merits of any dispute in terms of the CSOS Act? “4 It seems to me that Compeg’s claim for damages...

Laying criminal charges: Forfeiting right to discipline?

by GilesFiles | Jun 15, 2023 | 2020 onwards, Applications, Causes and defences, Contractual breach, Costs, Courts, Declaratory, Delict, Government, Interdicts & rules, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Local, LRA 1995, LRA 7: 112-184 Dispute, LRA D: 151-166 LC, Orders, Parties, Refused, Resolving disputes (LRL 3), Roman Dutch law, Sectors, Special pleas, State organs, Statutes (LRL 2)-work, Statutory, Topics | 0 |

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Sovereign state powers: Immunity confirmed

by GilesFiles | May 23, 2023 | 2020 onwards, André van Niekerk, Applications, BCEA 77(3) & 77A(e), Causes and defences, Costs, Courts, Declaratory, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Lawfulness & fairness, LC Rules-new, LC Rules-old, Legal Practice, Legality principle, Legislation, LRA 1995, LRA 7: 112-184 Dispute, LRA D: 151-166 LC, Misconduct & incapacity, Orders, Parties, Personal services, Private enterprises, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, Selected judges, Special pleas, Statutes (LRL 2)-work, Statutory, staying proceedings, Termination (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,...

Remote working considered: CCMA jurisdiction lacking

by GilesFiles | May 21, 2023 | BCEA 1997 (LRL 10), Causes and defences, CCMA awards, CCMA members, CCMA Rules-old, Costs, Courts, Declaratory, Evidence & onus, Inherent requirements, Judges, Jurisdiction & powers, Labour Relations, Legal Practice, LRA 1995, LRA 7: 112-184 Dispute, LRA C: 133-150 CCMA, Misconduct & incapacity, Operational reasons, Orders, Parties, Personal services, Private enterprises, Resolving disputes (LRL 3), Risks, Rules Codes & Manual, Sectors, Special pleas, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics, Trust & confidence | 0 |

R v Searlco Ltd Do our labour laws apply to persons who engage in remote working for an overseas company? “[41] In the end, having considered all the evidence pertaining to the territorial jurisdiction submitted by the...

Category: Special pleas