Category: Contractual breach

Arbitration governing clauses: Licence agreements replaced

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]...

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

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...

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Resignation unilateral act: Consensual withdrawal required

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Unlawful collective agreement: Unenforceable as invalid

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Unreasonable restraint covenant: Competition not unlawful

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Minister’s unfair conduct: Exceeding authority and powers

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Cancelling settlement agreement: Misrepresented facts

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Capacity related dismissal: Must consider alternatives

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Contractual claim denied: CCMA has jurisdiction

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Lawful employment termination: compliance with contract

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...

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Upholding exception to claim: Insufficient factual allegations

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...

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