Appeals Archives | GilesFiles

Reflective loss wrongfulness: Pure economic loss

by GilesFiles | Jul 3, 2020 | 2020, A Schippers, Appeals, Cause: delict, Cause: statute, Common Law, Courts, Exceptions/special pleas, Judges, Legal Practice, MS Navsa, Parties, SCA judges, Sectors, Supreme Court of Appeal, Topics | 0 |

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...

Language policy unconstitutional: Resolution set aside

by GilesFiles | Jun 30, 2020 | 2020, 2020, 92 Education, Appeals, Associations, Bill of Rights, Courts, Dignity equality freedom, Judges, Landmark judgments, Legal Practice, Legislation, MML Maya, Parties, SCA judges, Sectors, Supreme Court of Appeal, Topics, Universities and schools | 0 |

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...

Providing benefits considered: CCMA lacked jurisdiction

by GilesFiles | Jun 25, 2020 | 2020, 41 Electricity gas steam, appeal, Appeals, Appointed LAC judges, Benefits - 186(2)(a), Courts, Dispute Resolution (LRL 3), Judges, Labour Appeal Court, Labour practices (LRL 9), 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, Objective or correct, Orders, Parties, Refused, Review tests, Roland Sutherland, Rulings - s158(1)(g), Sectors, SOEs (State Owned Enterprises), 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,...

Strike ballot requirement: Strike not unprotected

by GilesFiles | Jun 25, 2020 | 2020, 35 Manufacture of basic metals, Acting LAC judges, appeal, Appeals, Bill of Rights, Courts, Declaratory, Dispute Resolution (LRL 3), erroneously granted, Granted, Interpretation and application, John Murphy, Judges, Jurisdiction and powers, Labour Appeal Court, Labour Relations, Labour Relations Act 1995, LAC judges, Legal Practice, LRA Chpt: 4: s64-77 Strikes & lockouts, LRA Chpt: 7: s112-184 Dispute resolution, LRAA 8/18, Manufacturing, Objective or correct, Orders, Parties, Power plays (LRL 6), Review tests, Rules and practice manuals, Sectors, 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,...

Dismissal powers considered: Who is the employer?

by GilesFiles | Jun 25, 2020 | 2020, 81 Financial intermediation not insurance, appeal, Appeals, Appointed LAC judges, Courts, Dismissal generally, Dispute Resolution (LRL 3), Employment relationship, Exceptions/special pleas, Government - central, 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, Meaning of dismissal, Orders, Organs of state, Parties, Refused, Roland Sutherland, Sectors, Special pleas, Statutes (LRL 2) - work law, Termination & dismissal (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,...

Negative obligation imposed: Right to basic education

by GilesFiles | Jun 17, 2020 | 2020, 92 Education, Appeals, Bill of Rights, Cause: Bill of Rights, Common Law, ConCourt judges, Constitutional Court, Courts, Dignity equality freedom, Edwin Cameron, JC Froneman, Judges, Legal Practice, Non-profit organisations, Parties, Private enterprises, Retired judges, Sectors, Topics | 0 |

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...

Public policy grounds: Contract – Froneman J dissent

by GilesFiles | Jun 17, 2020 | 2020, Appeals, Bill of Rights, Cause: Bill of Rights, Cause: general, Common Law, ConCourt judges, Constitutional Court, Courts, Dignity equality freedom, JC Froneman, Judges, Legal Practice, Parties, Private enterprises, 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,...

Workplace shut down: Intimidation and fair dismissal

by GilesFiles | May 29, 2020 | 2020, 50 Construction, Appeals, Appointed LAC judges, Awards -s145, Courts, Dispute Resolution (LRL 3), Judges, Labour Appeal Court, Labour Relations, Labour Relations Act 1995, LAC judges, Legal Practice, LRA Chpt: 4: s64-77 Strikes & lockouts, LRA Chpt: 7: s112-184 Dispute resolution, LRA Chpt: 8a: s185-197B Dismissals, Parties, Power plays (LRL 6), Review tests, Roland Sutherland, Sectors, Sidumo - reasonableness, Statutes (LRL 2) - work law, Strike - unprotected, Strike related, Termination & dismissal (LRL 8), Topics | 0 |

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Dismissal separate proceedings: Adjudicate and arbitrate

by GilesFiles | May 28, 2020 | 2020, abuse of process, appeal, Appeals, Appointed LAC judges, Automatically unfair - s187, Courts, Dennis Davis, Dispute Resolution (LRL 3), Exceptions/special pleas, Incompatibility, Judges, Jurisdiction and powers, Labour Appeal Court, Labour Relations, Labour Relations Act 1995, LAC judges, Legal Practice, lis alibi pendens, LRA Chpt: 7: s112-184 Dispute resolution, LRA Chpt: 8a: s185-197B Dismissals, Non-profit organisations, Orders, Parties, Refused, Res judicata, SOEs (State Owned Enterprises), Special pleas, Statutes (LRL 2) - work law, Termination & dismissal (LRL 8), Topics | 0 |

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Punitive costs considered: Right to be heard

by GilesFiles | May 28, 2020 | 2020, Acting LAC judges, appeal, Appeals, Attorney client scale, Courts, De bonis propriis, Dispute Resolution (LRL 3), Granted, John Murphy, Judges, Jurisdiction and powers, Labour Appeal Court, Labour Relations, Labour Relations Act 1995, LAC judges, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, Orders, Orders re costs, Parties, punitive costs, Sectors, Statutes (LRL 2) - work law, Topics | 0 |

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Agency fee deductions: Different purposes served

by GilesFiles | May 28, 2020 | 2020, Acting LAC judges, appeal, Appeals, Courts, Declaratory, Dispute Resolution (LRL 3), Government - municipal, Government: Municipal, John Murphy, Judges, Labour Appeal Court, Labour Relations, Labour Relations Act 1995, LAC judges, Legal Practice, LRA Chpt: 3: s11-63 Collective Bargaining, LRA Chpt: 7: s112-184 Dispute resolution, Orders, Organisations (LRL 4), Parties, Refused, 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,...

Unprotected strikers dismissed: Valid and fair reason

by GilesFiles | May 22, 2020 | 2020, appeal, Appeals, Appointed LAC judges, Courts, Dispute Resolution (LRL 3), Evidence and onus, Evidentiary burden, Government - municipal, Government: Municipal, Granted, Holistic evaluation, Judges, Labour Appeal Court, Labour Relations, Labour Relations Act 1995, LAC judges, Legal Practice, LRA Chpt: 4: s64-77 Strikes & lockouts, LRA Chpt: 7: s112-184 Dispute resolution, LRA Chpt: 8a: s185-197B Dismissals, Orders, P Coppin, Parties, Sectors, Statutes (LRL 2) - work law, Strike related, Termination & dismissal (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,...

Category: Appeals