Derivative action Archives

Participating in gross misconduct: Violent protest and hostages

by GilesFiles | Jul 17, 2024 | 2020 onwards, Allowed, André van Niekerk, Appeals, Appeals - leave, Awards -s145 see also Sidumo, Causes and defences, Collective action, Conduct & capability, Contractual breach, Courts, Delict, Derivative action, Evidence & onus, Gross misconduct, Interpretation etc, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, Lawfulness & fairness, Legal Practice, Legislation, LRA 1995, LRA 8a: 185-197B Dismissal, Manufacturing, Orders, Parties, Power plays (LRL 6), Private enterprises, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, Selected judges, Sidumo - see also awards s 145, Statutes (LRL 2)-work, Statutory, Strike s68 unprotected, Strikes - 64, 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,...

Reinstating protected strikers: Immunity not forfeited

by GilesFiles | Oct 17, 2023 | 2020 onwards, AUD, Bill of Rights, BM Whitcher, Causes and defences, Collective Bargain (LRL 5), Conduct & capability, Contractual breach, Costs, Courts, Declaratory, Derivative action, Evidence & onus, Harass & bully, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, LRA 1995, LRA 4: 64-77 Strikes, LRA 7: 112-184 Dispute, Manufacturing, Orders, Parties, Power plays (LRL 6), Private enterprises, Resolving disputes (LRL 3), Rules Codes & Manual, Sectors, Selected judges, Statutes (LRL 2)-work, Statutory, Strike - protected, Strikes - 64, 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,...

Derivative misconduct examined: Flawed identification

by GilesFiles | Sep 15, 2023 | 2020 onwards, Awards -s145 see also Sidumo, Causes and defences, Conduct & capability, Contractual breach, Costs, Courts, Declaratory, Delict, Derivative action, Hearing procedure, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, LRA 1995, LRA 7: 112-184 Dispute, LRA D: 151-166 LC, Mining, Orders, Parties, Private enterprises, Resolving disputes (LRL 3), Review tests, Sectors, Sidumo - see also awards s 145, 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,...

Costs labour matters: Applying general rule?

by GilesFiles | Jun 22, 2021 | 2020 onwards, Appeals, Appeals - leave, Bill of Rights, ConCourt judges, Conduct & capability, Constitutional Court, Costs, Courts, Derivative action, Gross misconduct, Judges, Labour Relations, Legal Practice, LRA 1995, LRA 7: 112-184 Dispute, LRA 8a: 185-197B Dismissal, Mining, Orders, Parties, Resolving disputes (LRL 3), Risks, Sectors, Statutes (LRL 2)-work, Termination (LRL 8), 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,...

Workplace shut down: Intimidation and fair dismissal

by GilesFiles | May 29, 2020 | 2020 onwards, Appeals, Awards -s145 see also Sidumo, Collective action, Conduct & capability, Construction industry, Courts, Derivative action, Disciplinary action, Gross misconduct, Harass & bully, Judges, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, LRA 1995, LRA 4: 64-77 Strikes, LRA 7: 112-184 Dispute, LRA 8a: 185-197B Dismissal, Parties, Power plays (LRL 6), Resolving disputes (LRL 3), Review tests, Risks, Roland Sutherland, Sectors, Sidumo - see also awards s 145, Statutes (LRL 2)-work, Strike s68 unprotected, Termination (LRL 8), Topics, Trust & confidence, Zero tolerance | 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,...

Derivative misconduct analysed: Individual and collective

by GilesFiles | Jun 28, 2019 | 2019, 2019, Bill of Rights, Causes and defences, Collective action, ConCourt judges, Conduct & capability, Constitutional Court, Courts, Derivative action, JC Froneman, Judges, Labour Relations, Landmark judgments, Legal Practice, LRA 1995, LRA 7: 112-184 Dispute, LRA 8a: 185-197B Dismissal, Motor industry, Parties, philosophy / economics, Power plays (LRL 6), Resolving disputes (LRL 3), Risks, Sectors, Statutes (LRL 2)-work, Strike - protected, Termination (LRL 8), Topics, Trade unions, Trust & confidence | 0 |

Numsa obo Nganezi v Dunlop Mixing and Technical Services (Pty) Ltd Derivative misconduct analysed and held that it would be wrong to rely on a duty to disclose as a valid and fair reason to dismiss employees rather than proving...

Derivative misconduct considered: Complex concept examined

by GilesFiles | Jul 17, 2018 | 2018, Appeals, Causes and defences, Collective action, Conduct & capability, Courts, Derivative action, Gross misconduct, Interpretation etc, Judges, Labour Appeal Court, Labour Relations, LAC judges, LRA 1995, LRA 8a: 185-197B Dismissal, Operational reasons, Resolving disputes (LRL 3), Risks, Roland Sutherland, Sectors, Statutes (LRL 2)-work, 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,...

Derivative conduct: Collective misconduct?

by GilesFiles | Nov 21, 2017 | 2017, Causes and defences, Collective action, Conduct & capability, Courts, Derivative action, F Kathree-Setiloane, Interpretation etc, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, Power plays (LRL 6), Resolving disputes (LRL 3), Risks, Strike - protected, Termination (LRL 8), Topics, Trust & confidence, Work Science Institute | 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,...

Derivative proceedings rationale: Common law and statute

by GilesFiles | Oct 11, 2016 | 2016, A G Binns-Ward, Causes and defences, Courts, Derivative action, High Court, High Court judges, Judges, Legislation, Topics | 0 |

Lewis Group Ltd v Woollam (9900/2016) [2016] ZAWCHC 130 [2016] JOL 36741 (HC) (11 October 2016 per A Binns-Ward J. The high court granted an application ito s 165(3) of the 2008 Companies Act and set aside the demand made by a...

Derivative misconduct inferences: During violent strike

by GilesFiles | May 11, 2016 | 2016, Collective action, Courts, Derivative action, Judges, Labour Court, Labour Court judges, Labour Relations, Power plays (LRL 6), Resolving disputes (LRL 3), Termination (LRL 8), Topics | 2 |

Dunlop Mixing and Technical Services (Pty) Ltd v Numsa obo Nganezi (D345/14) [2016] ZALCD 9 ; [2016] 10 BLLR 1024; (2016) ILJ 2065; [2016] JOL 35924 (11 May 2016) per Gush J. The Labour Court reviewed and set aside an award of...

Derivative delictual action: Claim pure economic loss

by GilesFiles | Mar 31, 2016 | 2016, Causes and defences, Courts, Delict, Derivative action, Judges, SCA judges, Supreme Court of Appeal, Topics, VM Ponnan | 0 |

The SCA disallowed the appeal. The appellant’s cause of action was founded in delict and was for pure economic loss. Shareholders cannot sue for the diminution in the value of their shares because any wrong can only be...

Foss v Harbottle Rule: Defined and explained

by GilesFiles | Mar 24, 2016 | 2016, 2016, Appeals, Causes and defences, Contractual breach, Courts, Derivative action, Insights, Judges, Landmark judgments, Legal Practice, Legislation, MJD Wallis, Regulations, SCA judges, Supreme Court of Appeal, Topics | 0 |

This is an important rule concerning the Foss v Harbottle Rule and the separation of a company as a legal entity apart from its shareholders. Gihwala and Others v Grancy Property Ltd and Others (20760/14) [2016] ZASCA 35 (24...

Category: Derivative action