Applications Archives

Restoring land rights: Community not proved

by GilesFiles | Mar 16, 2020 | abuse of process, Agriculture, Applications, Biowatch principle, Courts, Declaratory, Evidence and onus, Exceptions/special pleas, Expert evidence, Government - central, Judges, Jurisdiction and powers, Land Claims Court, Land Claims Court Judges, Legal Practice, Legislation, Orders, Orders re costs, Parties, Private enterprises, punitive costs, Rules and practice manuals, Sectors, Special pleas, Topics, YS Meer | 0 |

Luhlwini Mchunu Community v Hancock Restoring land rights confined by law to persons who are a community or part of a community dispossessed of a right in land after 19 June 1913 as a result of past racially discriminatory laws...

Stipulatio alteri examined: Benefit conferred on HOA?

by GilesFiles | Mar 11, 2020 | 2020, 84 Real estate activities, A.G. Binns-Ward, Applications, Body corporates, Cause: contractual breach, Cause: general, Common Law, Courts, Declaratory, Exceptions/special pleas, High Court, High Court judges, Homeowners associations, Judges, Legal Practice, Legislation, Orders, Parties, Property, Sectors, Special pleas, Topics | 0 |

Maremmana Home Owners’ Association v Melnic Wine Solutions CC Stipulatio alteri examined by high court and decided that the right applicant purports to exercise in seeking the relief it does in these proceedings could...

Voluntary separation packages: Procedurally fair

by GilesFiles | Mar 5, 2020 | 2020, 75 Post telecommunication, Applications, Appointed LC judges, Courts, Dismissal: Operational reasons -s189A(13), Dismissal: Operational reasons s189A, Dispute Resolution (LRL 3), Interdicts and rule nisi, Judges, Labour Court, Labour Court judges, Labour Relations, Labour Relations Act 1995, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, LRA Chpt: 8a: s185-197B Dismissals, LRA Chpt: 8a: s189 and 189A see Termination, Organs of state, Parties, Refused, RGO Lagrange, Sectors, SOEs (State Owned Enterprises), Statutes (LRL 2) - work law, Termination (LRL 8), Topics, Trade unions | 0 |

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Striking matter off: Urgency lacking

by GilesFiles | Mar 3, 2020 | 2020, 99 Service activities other, Applications, Appointed LC judges, Courts, Dispute Resolution (LRL 3), Edwin Tlhotlhalemaje, Judges, Jurisdiction and powers, Labour Court, Labour court, Labour Court judges, Labour Relations, Labour Relations Act 1995, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, Orders, Parties, Private enterprises, Rules and practice manuals, Sectors, Statutes (LRL 2) - work law, Struck off, Topics, Urgency | 0 |

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Inherent job requirements: Discrimination not proved

by GilesFiles | Mar 3, 2020 | 2020, 99 Service activities other, Applications, Appointed LC judges, Bill of Rights, Courts, Daphne Mahosi, Declaratory, Dignity equality freedom, Discrimination (LRL 11), Dispute Resolution (LRL 3), EEA Chpt II ss 5-11, Employment Equity (LRL 12), Employment Equity Act 1998, Government - central, Judges, Jurisdiction and powers, Labour Court, Labour Court judges, Labour Relations, Labour Relations Act 1995, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, Orders, Parties, Sectors, Statutes (LRL 2) - work law, Topics | 0 |

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Trade union affairs: Registrar to investigate

by GilesFiles | Feb 26, 2020 | 2020, 99 Service activities other, Applications, Appointed LC judges, Contempt of court, Courts, Daphne Mahosi, Dismissal: invalid or unfair reason, Dispute Resolution (LRL 3), Granted, Interdicts and rule nisi, Judges, Jurisdiction and powers, Labour Court, Labour Court judges, Labour Relations, Labour Relations Act 1995, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, LRA Chpt: 8a: s185-197B Dismissals, Orders, Parties, Philosophy and economics, Rescission, Sectors, Statutes (LRL 2) - work law, Termination (LRL 8), Topics, Trade unions | 0 |

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Legality review granted: Decision appointing administrator

by GilesFiles | Feb 25, 2020 | 2020, 50 Construction, Applications, Appointed LC judges, Associations, Courts, Declaratory, Dispute Resolution (LRL 3), Employment Relations (LRL 1), expedited hearing, GN Moshoana, Government - central, Judges, Labour Court, Labour Court judges, Labour Relations, Labour Relations Act 1995, Legal Practice, Legality principle, Legislation, LRA Chpt: 6: s95-111 Unions and Organisations, LRA Chpt: 7: s112-184 Dispute resolution, Orders, Orders re costs, Organisations (LRL 4), Organs of state, Parties, Review tests, Rules and practice manuals, Sectors, State action - s158(1)(h), Statutes (LRL 2) - work law, Topics, Urgency | 0 |

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CCMA Rules amended: Effective from March 1, 2020

by GilesFiles | Feb 24, 2020 | Applications, CCMA rules, Condonation, Dispute Resolution (LRL 3), Insights, Joinder of parties, Labour Relations, Labour Relations Act 1995, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, LRA Chpt: 8a: s185-197B Dismissals, Orders, Rules and practice manuals, Statutes (LRL 2) - work law, Topics | 0 |

Amended CCMA Rules Amended CCMA Rules have been published in the Government Gazette and take effect on March 1, 2020 and are repeated here in final form for easy reference. There are not many changes and they are high-lighted...

Protectable interests examined: Unrealistic threat

by GilesFiles | Feb 24, 2020 | 2020, 62 Retail trade not vehicles, A.G. Binns-Ward, Applications, Bill of Rights, Cause: contractual breach, Clothing & textiles, Common Law, Competition, Courts, Declaratory, Evidence and onus, High Court, High Court judges, Interdicts and rule nisi, Judges, Jurisdiction and powers, Legal Practice, Onus of proof, Orders, Parties, Philosophy and economics, Plascon-Evans rule, Private enterprises, Refused, Restraints, Sectors, Topics, Urgency | 0 |

Truworths Ltd v de Bruyn Protectable interests examined and high court decided that while the skills and experience developed as a buyer while in the employ of Truworths will be of practical benefit to adidas under her new...

Intimidation threats interdicted: Undocumented nationals

by GilesFiles | Feb 17, 2020 | 2020, 99 Service activities other, Applications, Cause: delict, Cause: general, Cause: statute, Common Law, Courts, Government - municipal, Government: Municipal, Granted, granted, High Court, High Court judges, Interdicts and rule nisi, Interim relief, Judges, Jurisdiction and powers, Legal Practice, Legislation, Orders, Parties, Philosophy and economics, Rule nisi, Sectors, Topics, Urgency | 0 |

City of Cape Town v JB and Others Intimidation threats interdicted by high court on an interim basis after law enforcement officers of the City were threatened when they attempted to obtain personal information to issue...

Contemplating dismissals necessary: LRA s189A(13) considered

by GilesFiles | Feb 14, 2020 | 2020, 73 Transport air, Applications, Appointed LC judges, Courts, Declaratory, Dispute Resolution (LRL 3), Exceptions/special pleas, GN Moshoana, Interdicts and rule nisi, Judges, Jurisdiction and powers, Labour Court, Labour Court judges, Labour Relations, Labour Relations Act 1995, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, LRA Chpt: 8a: s185-197B Dismissals, Orders, Parties, Refused, Rules and practice manuals, Sectors, SOEs (State Owned Enterprises), Special pleas, Statutes (LRL 2) - work law, Topics, Trade unions, Urgency | 0 |

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Interdicting threatened strike: Examining mutual interest

by GilesFiles | Feb 14, 2020 | 2020, 62 Retail trade not vehicles, 99 Service activities other, Applications, Appointed LC judges, Confirmed, Courts, Daphne Mahosi, Dispute Resolution (LRL 3), Interdicts and rule nisi, Judges, Jurisdiction and powers, Labour Court, Labour Court judges, Labour Relations, Labour Relations Act 1995, Legal Practice, LRA Chpt: 3: s11-63 Collective Bargaining, 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), Refused, Rule nisi, Sectors, Statutes (LRL 2) - work law, Strike - unprotected, Topics, Trade unions, Zungu doctrine | 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: Applications