Appeals Archives | GilesFiles

Scare skills allowance: Validity of agreement?

by GilesFiles | Nov 14, 2019 | 2019, Appeals, Bill of Rights, Common Law, ConCourt judges, Constitutional Court, Courts, Dispute Resolution (LRL 3), Judges, Labour Relations, Labour Relations Act 1995, Legal Practice, Philosophy and economics, Statutes (LRL 2) - work law, Topics | 0 |

MEC: Health, WC v Coetzee Scare skills allowance issue now before the Constitutional Court after nearly 15 years of disagreement about whether the Agreement applied to medical specialists who were employed by two Cape...

Res judicata examined: Issue estoppel included

by GilesFiles | Oct 24, 2019 | 2019, 2019, Agriculture, Appeals, Common Law, ConCourt judges, Constitutional Court, Courts, Edwin Cameron, Exceptions/special pleas, issue estoppel, Judges, Jurisdiction and powers, Landmark judgments, Legal Practice, Legislation, Res judicata, Sectors, SV Khampepe, Topics | 0 |

Ascendis Animal Health (Pty) Ltd v Merck Sharpe Dohme Corporation Res judicata examined and Constitutional Court failed to achieve a majority decision which meant that the judgment of the high court was not overturned. ...

Provoked unprotected strike: No justification found

by GilesFiles | Oct 16, 2019 | 2019, Appeals, Appointed LAC judges, Courts, Dennis Davis, Dismissal: strike related, Dismissals, Dispute Resolution (LRL 3), Hospitality, 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 re costs, Parties, Power plays (LRL 6), Review tests, Sectors, Statutes (LRL 2) - work law, Strike - protected, Strike - unprotected, Termination (LRL 8), 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,...

Agency shop lawful: Compliance with LRA s 25(3)

by GilesFiles | Oct 16, 2019 | 2019, Acting LAC judges, Appeals, Associations, Collective Bargaining (LRL 5), Courts, Dispute Resolution (LRL 3), John Murphy, Judges, Labour Appeal Court, Labour Relations, Labour Relations Act 1995, LAC judges, Legal Practice, LRA Chpt: 3: s11-63 Collective Bargaining, Motor industry, Parties, 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,...

Non-retroactivity legality principle: LRA 198B examined

by GilesFiles | Oct 16, 2019 | 2019, Appeals, Appointed LAC judges, Associations, Bill of Rights, Courts, Declaratory, Dismissal: operation of law, Dispute Resolution (LRL 3), 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: 9: s198-213 General provisions, Orders, P Coppin, Parties, Public Service, Review tests, Sectors, SOEs (State Owned Enterprises), Statutes (LRL 2) - work law, Termination (LRL 8), 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,...

Upgrading pay levels: Benefits and unfair conduct

by GilesFiles | Oct 4, 2019 | 2019, Acting LAC judges, Appeals, Awards -s145, Benefits - 186(2)(a), Courts, Discrimination (LRL 11), Dispute Resolution (LRL 3), Employment Equity (LRL 12), Employment Equity Act 1998, John Murphy, Judges, Labour Appeal Court, Labour practices (LRL 9), Labour Relations, Labour Relations Act 1995, LAC judges, Legal Practice, LRA Chpt: 8b: s185-186(2) Labour practices, Promotion / demotion - 186(2)(a), Review tests, Sectors, SOEs (State Owned Enterprises), Statutes (LRL 2) - work law, Thomas Paterson, Topics | 0 |

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Protected disclosures considered: Questionable relationship alleged

by GilesFiles | Sep 12, 2019 | 2019, Appeals, Appointed LAC judges, Courts, Dennis Davis, Dismissal: valid and fair reason, Dispute Resolution (LRL 3), Education, 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, Parties, Sectors, SOEs (State Owned Enterprises), Statutes (LRL 2) - work law, Termination (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,...

Adjudication error rectified: Ombud questions of law

by GilesFiles | May 13, 2019 | 2019, Appeals, Body corporates, Community schemes, Courts, High Court, High Court judges, Judges, Labour Relations, Legal Practice, Parties, Property, Sectors, Statutes (LRL 2) - work law, Topics | 0 |

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Public policy examined: Lease and franchise

by GilesFiles | Mar 28, 2019 | 2019, Appeals, Bill of Rights, Carole Lewis, Common Law, Courts, Dignity equality freedom, Interpretation and application, Judges, Legal Practice, Legality principle, SCA judges, 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,...

Reviewable factual error: Factors to be considered

by GilesFiles | Mar 1, 2019 | 2019, 2019, Appeals, Bill of Rights, Common Law, Courts, Government - municipal, Judges, Landmark judgments, Legal Practice, MJD Wallis, SCA judges, Sectors, Supreme Court of Appeal, Topics | 0 |

Polokwane Local Municipality v Granor Passi (Pty) Ltd Material factual error and argument that application fatally defective because of a failure to pursue the review in terms of rule 53 of the Uniform Rules of Court rejected by...

Business transfer examined: Important issues considered

by GilesFiles | Dec 21, 2018 | 2018, Acting LAC judges, Appeals, Appointed LAC judges, B Waglay, Courts, Dennis Davis, Dispute Resolution (LRL 3), John Murphy, Judges, Labour Appeal Court, Labour Relations, Labour Relations Act 1995, LAC judges, Legal Practice, LRA Chpt: 8a: s185-197B Dismissals, Sectors, SOEs (State Owned Enterprises), 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,...

Operational needs considered: Flexible working hours

by GilesFiles | Nov 6, 2018 | 2018, 2018, Appeals, ConCourt judges, Constitutional Court, Courts, Dismissal: operational requirements, Dispute Resolution (LRL 3), Judges, Labour Relations, Labour Relations Act 1995, Landmark judgments, Legal Practice, LRA Chpt: 8a: s185-197B Dismissals, Orders, Reinstatement, Retailing, Sectors, Statutes (LRL 2) - work law, SV Khampepe, Termination (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