Appeals Archives

Arbitration governing clauses: Licence agreements replaced

by GilesFiles | May 17, 2022 | 2020 +, appeal, Appeals, Arbitration agreement, Awarded, Causes of action, Contractual breach, Courts, Declaratory, Disallowed, Endumeni Municipality case, Evidence and onus, Exceptions/special pleas, Interpretation and application, Judges, Jurisdiction and powers, Legal Practice, Legislation, Logistics, Orders, Orders re costs, Parties, Private enterprises, SCA judges, Sectors, Supreme Court of Appeal, Topics | 0 |

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]...

Selection criteria considered: Inclusion of transformation

by GilesFiles | May 6, 2022 | 2020 +, Affirmative action, appeal, Appeals, ConCourt judges, Constitutional Court, Courts, Declaratory, Disallowed, Dismissal generally, Dispute Resolution (LRL 3), Employment equity, Interpretation and application, Judges, Jurisdiction and powers, Labour Relations, Labour Relations Act 1995, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, Manufacturing, Not awarded, Operational process -s189A(13), Operational reasons-189A, Orders, Orders re costs, Parties, Performance related, Private enterprises, Sectors, 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,...

Land occupation issues: ESTA and PIE distinguished

by GilesFiles | Apr 29, 2022 | 2020 +, Agriculture, Allowed, appeal, Appeals, Bill of Rights, Causes of action, Community housing schemes, Courts, Declaratory, Eviction/ejectment, Evidence and onus, Exceptions/special pleas, Hearsay, Interpretation and application, Judges, Landmark judgments, leave to appeal, Legal Practice, Legislation, Not awarded, Onus of proof, Orders, Orders re costs, Parties, Presumptions, Private enterprises, SCA judges, Sectors, Special pleas, Statutory, Supreme Court of Appeal, Topics | 0 |

Frannero Property Investments 202 (Pty) Ltd v Selapa In deciding occupation of land issues when are occupants covered by the Extension of Security of Tenure Act 62 of 1997 (ESTA)? “[24] Consistent with the basic common law...

Respecting residential rights: ESTA and representations

by GilesFiles | Apr 4, 2022 | 2020 +, Agriculture, Allowed, Appeals, Bill of Rights, Causes of action, Courts, Declaratory, Dignity equality freedom, Disallowed, Dispute Resolution (LRL 3), Interpretation and application, Judges, Labour Relations, Legal Practice, Legislation, Not awarded, Orders, Orders re costs, Parties, Private enterprises, SCA judges, Sectors, Statutory, Supreme Court of Appeal, Topics | 0 |

Maluleke NO v Sibanyoni In the context of respecting residential rights is it just and equitable to evict an occupier of rural land without inviting representations? “[27] The failure by the Trust to provide Mr Sibanyoni...

Awarding land ordered: Labour tenant farmworker

by GilesFiles | Mar 24, 2022 | 2020 +, Agriculture, appeal, Appeals, Causes of action, Courts, Declaratory, Disallowed, Dispute Resolution (LRL 3), Evidence and onus, Interpretation and application, Judges, Jurisdiction and powers, Labour Relations, Labour Relations Act 1995, Legal Practice, Legislation, LRA Chpt: 7: s112-184 Dispute resolution, Not awarded, Orders, Orders re costs, Parties, Private enterprises, SCA judges, Sectors, Specific performance, Statutes (LRL 2) - work law, Statutory, Supreme Court of Appeal, 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,...

Irregular review process: Trial by ambush

by GilesFiles | Mar 17, 2022 | 2020 +, Allowed, appeal, Appeals, Appointed LAC judges, Courts, Dispute Resolution (LRL 3), Exceptions/special pleas, Finance, irregular proceeding, Judges, Labour Appeal Court, Labour Relations, Labour Relations Act 1995, LAC judges, Legal Practice, Legality principle, LRA Chpt: 7: s112-184 Dispute resolution, LRA Chpt: 8a: s185-197B Dismissals, Orders, Orders re costs, P Coppin, Parties, Private enterprises, Review tests, Rules, Sectors, Special pleas, Statutes (LRL 2) - work law, Topics | 0 |

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Genuine meaningful consultation: Consider alternatives

by GilesFiles | Mar 16, 2022 | 2020 +, Acting LAC judges, appeal, Appeals, Courts, Disallowed, Dispute Resolution (LRL 3), Judges, Kate Savage, 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, LRA Chpt: 8a: s189 and 189A see Termination, Not awarded, Operational requirements-s189, Orders, Orders re costs, Parties, Personal services, Private enterprises, Procedural issues, Sectors, Statutes (LRL 2) - work law, Termination & dismissal (LRL 8), Topics | 0 |

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Refunding contributions considered: Disallowed appeal

by GilesFiles | Mar 14, 2022 | 2020 +, appeal, Appeals, Causes of action, Central, ConCourt judges, Constitutional Court, Courts, Disallowed, Government, High Court judges, Interpretation and application, Judges, Legal Practice, Legislation, Not awarded, OL Rogers, Orders, Orders re costs, Parties, Pension & retirement funds, Sectors, Statutory, Topics | 0 |

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Translating grade posts: Relevant experience considered

by GilesFiles | Mar 10, 2022 | 2020 +, Acting LAC judges, appeal, Appeals, Awards -s145, Causes of action, Courts, Disallowed, Dispute Resolution (LRL 3), Employment equity, Equal pay & value, Evidence and onus, Exceptions/special pleas, Government, Inherent requirements, Insights, Interpretation and application, Judges, Kate Savage, Labour Appeal Court, Labour Relations, Labour Relations Act 1995, LAC judges, Legal Practice, Legislation, LRA Chpt: 7: s112-184 Dispute resolution, Not awarded, Orders, Orders re costs, Organs of state, Parties, Provincial, Review tests, Rules, Sectors, Special pleas, Statutes (LRL 2) - work law, Statutory, Topics, Value exchange | 0 |

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Unfair dismissal reason: Reinstatement primary remedy

by GilesFiles | Mar 8, 2022 | 2020 +, Acting LAC judges, Allowed, appeal, Appeals, Awards -s145, Banks, Courts, Dispute Resolution (LRL 3), Evidence and onus, Finance, Gross misconduct, Interpretation and application, Invalid or unfair reason, 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, Misconduct generally, Not awarded, Orders, Orders re costs, Parties, Review tests, Sectors, Sidumo - reasonableness, Statutes (LRL 2) - work law, Termination & dismissal (LRL 8), Topics, Totality | 0 |

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Linking unlawful strikers: Necessary to obtain interdict

by GilesFiles | Mar 1, 2022 | 2020 +, Agriculture, Allowed, appeal, Appeals, Bill of Rights, Causes of action, Cautionary rule, Circumstantial, Clear and convincing, Collective Bargaining (LRL 5), ConCourt judges, Constitutional Court, Courts, Declaratory, Delict, Dispute Resolution (LRL 3), Evidence and onus, Evidentiary burden, Exceptions/special pleas, Factual disputes, Granted, Interdicts and rule nisi, Judges, L Theron, Labour Relations, Labour Relations Act 1995, Legal Practice, Legality principle, LRA Chpt: 4: s64-77 Strikes & lockouts, LRA Chpt: 7: s112-184 Dispute resolution, Not awarded, Orders, Orders re costs, Parties, Picketing, Plascon-Evans rule, Power plays (LRL 6), Private enterprises, Refused, Review tests, Roman Dutch law principles, Sectors, Special pleas, Statutes (LRL 2) - work law, Strike - protected, 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,...

Unlawful collective agreement: Unenforceable as invalid

by GilesFiles | Feb 28, 2022 | 2020 +, 2020 +, appeal, Appeals, Bill of Rights, Causes of action, Central, Collective Bargaining (LRL 5), ConCourt judges, Constitutional Court, Contractual breach, Courts, Declaratory, Disallowed, Dispute Resolution (LRL 3), Evidence and onus, Exceptions/special pleas, Factual disputes, Government, Judges, Labour Relations, Labour Relations Act 1995, Landmark judgments, Legal Practice, Legality principle, Legislation, LRA Chpt: 3: s11-63 Collective Bargaining, LRA Chpt: 7: s112-184 Dispute resolution, Not awarded, Orders, Orders re costs, Organs of state, Parties, 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,...

Category: Appeals