Category: Appeals

Reflective loss wrongfulness: Pure economic loss

Hlumisa Investment Holdings (RF) Ltd v Kirkinis Reflective loss and wrongfulness considered in great detail by the SCA and confirmed the underlying principles that a company has a distinct legal personality and holding shares...

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Language policy unconstitutional: Resolution set aside

AfriForum NPC v Chairperson: Council: University of South Africa The SCA upheld the appeal with costs and declared that the new language policy adopted by Unisa is unconstitutional and set aside the resolution because Unisa...

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Providing benefits considered: CCMA lacked jurisdiction

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Strike ballot requirement: Strike not unprotected

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Dismissal powers considered: Who is the employer?

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Negative obligation imposed: Right to basic education

AB v Pridwin Preparatory School Negative obligation imposed and new rule developing the common law under section 8(3)(a) of the Constitution, that was non-existent  under the common law or in terms of any prior legislation, by...

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Public policy grounds: Contract – Froneman J dissent

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Workplace shut down: Intimidation and fair dismissal

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Dismissal separate proceedings: Adjudicate and arbitrate

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Punitive costs considered: Right to be heard

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Agency fee deductions: Different purposes served

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Unprotected strikers dismissed: Valid and fair reason

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