Applications Archives

Outsourcing functions considered: No going concern

by GilesFiles | Sep 8, 2020 | 2020, Applications, Appointed LC judges, BM Whitcher, Courts, Declaratory, Dispute Resolution (LRL 3), Interpretation and application, 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, Manufacturing, Orders, Parties, Private enterprises, Sectors, Statement of claim, 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,...

Appointing facilitator considered: CCMA and consultation

by GilesFiles | Sep 2, 2020 | 2020, Applications, Appointed LC judges, Courts, Dispute Resolution (LRL 3), Edwin Tlhotlhalemaje, Judges, Jurisdiction and powers, Just and equitable relief, 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, Operational process -s189A(13), Orders, Parties, Private enterprises, Sectors, 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,...

Assessing urgent applications: Compliance with rules?

by GilesFiles | Aug 25, 2020 | 2020, Applications, Cause: general, Common Law, Courts, High Court, High Court judges, Judges, Legal Practice, Orders, Res judicata, Rules and practice manuals, Struck off, Topics, Uniform High Court, Urgency | 0 |

Rokwil Civils (Pty) Ltd v Le Sueur NO High Court had regard to various factors and case law in assessing urgent applications and decided that applicant had failed to discharge the onus of proving that non-compliance with the...

Holistic approach adopted: Balancing interests

by GilesFiles | Aug 25, 2020 | 2020, A.G. Binns-Ward, Applications, Cause: Bill of Rights, Common Law, Courts, Declaratory, High Court, High Court judges, Interpretation and application, Judges, Jurisdiction and powers, Legal Practice, Orders, Parties, Private enterprises, Topics | 0 |

A G v L G High Court adopted a holistic approach in exercising a discretion when considering the approach to the husband contributing to the costs but cautioned that an equality of arms must be ‘balanced with maintaining...

Unpaid employment benefits: Default judgment rejected

by GilesFiles | Aug 18, 2020 | 2020, André van Niekerk, Applications, Appointed LC judges, Basic Conditions (LRL 10), Cause: statute, Common Law, Courts, Declaratory, Dispute Resolution (LRL 3), Exceptions/special pleas, Judges, Jurisdiction and powers, Labour Court, Labour Court judges, Labour practices (LRL 9), Labour Relations, Labour Relations Act 1995, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, Orders, Special pleas, Statutes (LRL 2) - work law, Suspensions - 186(2)(b), 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,...

Appeal outcome disputed: Interpretation of contract

by GilesFiles | Aug 13, 2020 | 2020, Applications, Appointed LC judges, Associations, BCEA 77(3) and 77A(e), Courts, Declaratory, Dismissal generally, Dispute Resolution (LRL 3), Exceptions/special pleas, Interpretation and application, 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, MPN Nkutha-Nkontwana, Orders, Parties, Private enterprises, Sectors, Special pleas, Statutes (LRL 2) - work law, Termination & dismissal (LRL 8), Topics, Urgency | 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,...

Remote hearing refused: Microsoft Teams or Zoom

by GilesFiles | Aug 7, 2020 | 2020, Applications, Courts, High Court, High Court judges, Judges, Legal Practice, Orders, Parties, Postponements, Rules and practice manuals, Topics | 0 |

Union-Swiss (Pty) Ltd v Govender (Royal Brighton) Remote hearing refused by High Court after considering various directives and some case law from Canada and Australia mainly because the plaintiff was unable to show why the...

Occupier defined explained: Clash – ESTA and PIE

by GilesFiles | Aug 4, 2020 | 2020, A.G. Binns-Ward, Appeals, Applications, Cause: statute, Common Law, Courts, Eviction/ejectment, Granted, High Court, High Court judges, Interpretation and application, Judges, Jurisdiction and powers, Legal Practice, Orders, Parties, Private enterprises, Sectors, Topics, Trustees | 0 |

Droomer NO v Snyders Full bench considered the jurisdictional issues and the possible conflict and overlapping caused by the provisions of the PIE Act and ESTA and respondents only qualified as ‘occupiers’ if their occupation...

Case management directions: Postponement separation and discovery

by GilesFiles | Jul 31, 2020 | 2020, A.G. Binns-Ward, Amending pleadings, Applications, Banks, Cause: delict, Common Law, Courts, Evidence and onus, High Court, High Court judges, Judges, Legal Practice, Orders, Parties, Rules and practice manuals, Sectors, Topics | 0 |

Investec Bank Ltd v O’Shea NO High Court discussed case management directions and stressed that a ruling in terms of Uniform Rule 33(4) should be made by the judge and the legal representatives concerned only after very...

Rule 11 application: Compliance with Rules

by GilesFiles | Jul 31, 2020 | 2020, Acting LC judges, Applications, Central, Condonation, Courts, Dispute Resolution (LRL 3), Granted, Judges, Labour Court, Labour Court judges, Labour Relations, Labour Relations Act 1995, LC Rule 11, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, Orders, Parties, Rules and practice manuals, Sectors, Statutes (LRL 2) - work law, Topics, Transport & communication | 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,...

Formidable appeal threshold: Would not might

by GilesFiles | Jul 29, 2020 | 2020, 2020, appeal, Appeals, Applications, Central, Courts, Dunstan Mlambo, High Court, High Court judges, Judges, Jurisdiction and powers, Landmark judgments, Legal Practice, Orders, Parties, Refused, Sectors, Topics | 0 |

Democratic Alliance v President of RSA Full bench of the High Court considered the formidable appeal threshold which now exists in sec 17(1)(a) of the Superior Courts Act 10 of 2013 and that before concluding that there are...

Recognition agreement cancelled: Invalid union membership

by GilesFiles | Jul 20, 2020 | 2020, Applications, Appointed LC judges, C Prinsloo, Collective agreements, Collective Bargaining (LRL 5), Courts, Declaratory, 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: 7: s112-184 Dispute resolution, Orders, Orders re costs, Parties, Refused, Sectors, Statutes (LRL 2) - work law, Topics, Trade unions, Universities and schools | 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