Category: Appeals

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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Selection criteria considered: Inclusion of transformation

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Land occupation issues: ESTA and PIE distinguished

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...

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Respecting residential rights: ESTA and representations

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...

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Awarding land ordered: Labour tenant farmworker

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Irregular review process: Trial by ambush

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Genuine meaningful consultation: Consider alternatives

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Refunding contributions considered: Disallowed appeal

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Translating grade posts: Relevant experience considered

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Unfair dismissal reason: Reinstatement primary remedy

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Linking unlawful strikers: Necessary to obtain interdict

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Unlawful collective agreement: Unenforceable as invalid

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