Appeals Archives

Employment jurisdictional issues: Unfair labour practices

by GilesFiles | Nov 17, 2021 | 2020 +, appeal, Appeals, Applications, BCEA 77(3) and 77A(e), Cause: general, Cause: statute, Central, Common Law, Courts, Declaratory, Dispute Resolution (LRL 3), Evidence and onus, Exceptions/special pleas, Government, Granted, Interpretation and application, Judges, Jurisdiction and powers, Labour Relations, Labour Relations Act 1995, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, LRA Chpt: 8b: s185-186(2) Labour practices, Onus of proof, Orders, Orders re costs, Organs of state, Parties, SCA judges, Sectors, Special pleas, Statutes (LRL 2) - work law, Supreme Court of Appeal, Topics | 0 |

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...

Assessing secondary strikes: Lawful and proportional

by GilesFiles | Nov 12, 2021 | 2020 +, appeal, Appeals, Bill of Rights, Collective agreements, Collective Bargaining (LRL 5), ConCourt judges, Constitutional Court, Courts, Declaratory, Dhaya Pillay, Dispute Resolution (LRL 3), Exceptions/special pleas, Interpretation and application, Judges, Jurisdiction and powers, L Theron, Labour practices (LRL 9), Labour Relations, Labour Relations Act 1995, Legal Practice, LRA Chpt: 3: s11-63 Collective Bargaining, LRA Chpt: 4: s64-77 Strikes & lockouts, LRA Chpt: 7: s112-184 Dispute resolution, Mining, Mootness, Orders, Orders re costs, Parties, Power plays (LRL 6), Refused, Sectors, Statutes (LRL 2) - work law, Strike - secondary, 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,...

Subsidiarity principle considered: Interests of justice

by GilesFiles | Nov 12, 2021 | 2020 +, appeal, Appeals, Cause: delict, Central, Common Law, ConCourt judges, Constitutional Court, Courts, Dispute Resolution (LRL 3), Exceptions/special pleas, Government, Interpretation and application, Judges, Jurisdiction and powers, Labour Relations, Labour Relations Act 1995, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, Orders, Orders re costs, Organs of state, Parties, Refused, Review tests, Sectors, Special pleas, Statutes (LRL 2) - work law, 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,...

Reviewing resolution of trustees: Common law not PAJA

by GilesFiles | Nov 5, 2021 | 2020 +, appeal, Appeals, Body corporates, Cause: general, Cause: statute, Common Law, Common law review, Community housing schemes, Courts, Judges, Legal Practice, Legislation, Orders, Orders re costs, PAJA 2000, Parties, Refused, Review tests, Roman Dutch law principles, SCA judges, Sectors, Supreme Court of Appeal, Topics | 0 |

Trustees: Legacy Body Corporate v Bae Estates and Escapes (Pty) Ltd Reviewing resolution of trustees and SCA concluded at “[51] Fortunately, the constraints which inhibited Edmund Davis LJ from doing justice between the...

Condoning late application: Delay and good cause

by GilesFiles | Nov 3, 2021 | 2020 +, appeal, Appeals, Appointed LAC judges, Cause: contractual breach, Cause: statute, Central, Common Law, Courts, Dispute Resolution (LRL 3), Exceptions/special pleas, Government, Granted, Interpretation and application, Judges, Jurisdiction and powers, Labour Appeal Court, Labour Relations, Labour Relations Act 1995, LAC judges, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, LRA Chpt: 8b: s185-186(2) Labour practices, Not awarded, Objective or correct, Orders, Orders re costs, Organs of state, Parties, prescription, Res judicata (issue estoppel), Review tests, Sectors, Statutes (LRL 2) - work law, 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,...

Overturning condonation ruling: Interests of justice

by GilesFiles | Nov 2, 2021 | 2020 +, Acting LAC judges, appeal, Appeals, Condonation, Courts, Dispute Resolution (LRL 3), Granted, Granted, Interpretation and application, Judges, Labour Appeal Court, Labour Relations, Labour Relations Act 1995, LAC judges, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, Mining, Not awarded, Orders, Orders re costs, Parties, Review tests, Rules, Sectors, Statutes (LRL 2) - work law, 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,...

Condoning late statement: Principles considered and applied

by GilesFiles | Oct 27, 2021 | 2020 +, Acting LAC judges, appeal, Appeals, Condonation, Courts, Dispute Resolution (LRL 3), Evidence and onus, Factual disputes, Granted, Interpretation and application, Judges, Jurisdiction and powers, Labour Appeal Court, Labour Relations, Labour Relations Act 1995, LAC judges, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, Manufacturing, Not awarded, Orders, Orders re costs, Parties, Private enterprises, Refused, Review tests, Rulings - s158(1)(g), Sectors, Statutes (LRL 2) - work law, 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,...

Absolution from instance: Test to be applied

by GilesFiles | Oct 27, 2021 | 2020 +, absolution from instance, Appeals, Applications, Bill of Rights, Cause: general, Central, Common Law, Courts, Dignity equality freedom, Evidence and onus, Evidentiary burden, Government, Holistic evaluation, Interpretation and application, Judges, Legal Practice, Legislation, Orders, Orders re costs, Organs of state, Parties, Roman Dutch law principles, SCA judges, Sectors, Supreme Court of Appeal, Topics, Totality | 0 |

NJ v Minister of Justice and Correctional Services SCA allowed the appeal against the order granting absolution from the instance and referred to a further aspect of the evidence to which the high court did not have proper...

Challenging management authority: Refusal to testify

by GilesFiles | Oct 26, 2021 | 2020 +, appeal, Appeals, Appointed LAC judges, Awards -s145, B Waglay, Capacity, Clear and convincing, Courts, Dispute Resolution (LRL 3), Electricity, Evidence and onus, Granted, Gross misconduct, Judges, Labour Appeal Court, Labour Relations, Labour Relations Act 1995, LAC judges, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, LRA Chpt: 8a: s185-197B Dismissals, Manufacturing, Misconduct generally, Not awarded, Orders, Orders re costs, Parties, Review tests, Sectors, Sidumo - reasonableness, Statutes (LRL 2) - work law, Termination & dismissal (LRL 8), Topics, Valid reason and fair reason | 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,...

Experts joint minutes: Agreeing facts and opinions

by GilesFiles | Oct 22, 2021 | 2020 +, 2020 +, appeal, Appeals, Cause: contractual breach, Cause: delict, Common Law, Courts, Evidence and onus, Expert, Government, Judges, Landmark judgments, Legal Practice, Legislation, MJD Wallis, Orders, Organs of state, Parties, Provincial, Refused, Rules, SCA judges, Sectors, Supreme Court of Appeal, Topics, Uniform High Court | 0 |

HAL obo MML v MEC for Health, Free State SCA confirmed the position regarding joint minutes of experts “In accordance with Bee, if they agree on issues of fact and the appropriate approach to technical analysis, the...

Unauthorised legal proceedings: Overturned LC order

by GilesFiles | Oct 20, 2021 | 2020 +, appeal, Appeals, Appointed LAC judges, Central, Courts, Dennis Davis, Dispute Resolution (LRL 3), Evidence and onus, Exceptions/special pleas, Government, Granted, Judges, Labour Appeal Court, Labour Relations, Labour Relations Act 1995, LAC judges, Legal Practice, Legality principle, LRA Chpt: 7: s112-184 Dispute resolution, Orders, Orders re costs, Organisations (LRL 4), Organs of state, Parties, Review tests, Rules, Sectors, Special pleas, Statutes (LRL 2) - work law, Topics, Training authorities, Uniform High Court | 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,...

Levy clearance certificate: Refusal to issue?

by GilesFiles | Oct 20, 2021 | 2020 +, appeal, Appeals, Body corporates, Cause: statute, Common Law, Community housing schemes, Courts, Evidence and onus, High Court, High Court judges, Judges, Legal Practice, Legislation, Orders, Orders re costs, Parties, Plascon-Evans rule, Refused, Sectors, Topics | 0 |

Body Corporate Marsh Rose v Steinmuller By a majority decision a full bench of the high court decided that the body corporate could not refuse to issue a levy clearance certificate because inter alia the liability for levies is...

Category: Appeals