Applications Archives

Reinstatement order reversed: Appealing interim order

by GilesFiles | Jan 14, 2020 | 2020, Appeals, Common Law, Courts, Dismissal: lawfulness, Dispute Resolution (LRL 3), erroneously granted, erroneously sought, Financial services, High Court, High Court judges, Interdicts and rule nisi, Judges, Jurisdiction and powers, Labour Relations, Labour Relations Act 1995, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, LRA Chpt: 8a: s185-197B Dismissals, Orders, PA Meyer, Parties, Private enterprises, Reinstatement, Sectors, Specific performance, Statutes (LRL 2) - work law, Termination (LRL 8), Topics | 0 |

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Restraint provisions dissected: Discharging onus?

by GilesFiles | Jan 7, 2020 | 2020, Acting LC judges, Applications, Clothing & textiles, Common Law, Courts, Evidence and onus, Evidentiary burden, Interdicts and rule nisi, joinder of parties, Judges, Labour Court, Labour Court judges, Legal Practice, Orders, Parties, Plascon-Evans rule, Private enterprises, Refused, Sean Snyman, Sectors, Topics, Urgency | 0 |

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Unlawful suspension reversed: Non-compliance with regulations

by GilesFiles | Jan 3, 2020 | 2020, Acting LC judges, Applications, Cause: regulations, Common Law, Courts, Declaratory, Evidence and onus, Government - municipal, Granted, Interdicts and rule nisi, Judges, Jurisdiction and powers, Labour Court, Labour court, Labour Court judges, Legal Practice, Municipal managers, Orders, Orders re costs, Parties, Plascon-Evans rule, Public Service, Rules and practice manuals, Sean Snyman, Sectors, Topics, Urgency, Zungu doctrine | 0 |

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Protectable interests infringed: Restraining order granted

by GilesFiles | Dec 24, 2019 | 2019, Acting LC judges, Applications, BCEA 1997, BCEA 77(3) and 77A(e), Building & Construction, Cause: contract, Common Law, Competition, contractual breach, Courts, Declaratory, Granted, Interdicts and rule nisi, Judges, Jurisdiction and powers, Labour Court, Labour Court judges, Legal Practice, Orders, Parties, Private enterprises, Sean Snyman, Sectors, Statutes (LRL 2) - work law, Topics, Urgency | 0 |

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Rule 11 application: Rejected review application

by GilesFiles | Dec 17, 2019 | 2019, Applications, Appointed LC judges, Banks, Courts, Dispute Resolution (LRL 3), Edwin Tlhotlhalemaje, Financial services, Judges, Labour Court, Labour court, Labour Court judges, Labour Relations, LC Practice Manual, LC Rule 11, Legal Practice, Parties, Rules and practice manuals, Sectors, Topics | 0 |

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Rule 11 application: Timeous prosecution lacking

by GilesFiles | Dec 13, 2019 | 2019, abuse of process, Applications, Appointed LC judges, Courts, Declaratory, Dispute Resolution (LRL 3), Edwin Tlhotlhalemaje, irregular proceeding, Judges, Jurisdiction and powers, Labour Court, Labour court, Labour Court judges, Labour Relations, Labour Relations Act 1995, LC Practice Manual, LC Rule 11, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, Mining, Orders, Parties, Private security, Rules and practice manuals, Sectors, Statutes (LRL 2) - work law, Topics | 0 |

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Abusing court processes: Special costs order

by GilesFiles | Dec 12, 2019 | 2019, abuse of process, Acting LC judges, Applications, Awards -s145, Courts, Dispute Resolution (LRL 3), Education, Exceptions/special pleas, 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, punitive costs, Res judicata, Review tests, Rulings - s158(1)(g), Sean Snyman, Sectors, SOEs (State Owned Enterprises), State action - s158(1)(h), Statutes (LRL 2) - work law, Topics, Universities and schools | 0 |

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Executive power exercised: Reinstatement refused

by GilesFiles | Dec 11, 2019 | 2019, abuse of process, Applications, Attorney client scale, Bill of Rights, Common Law, Courts, Financial services, Government - central, Hans Fabricius, High Court, High Court judges, Interdicts and rule nisi, Judges, Jurisdiction and powers, Legal Practice, Legislation, Orders re costs, Organs of state, Parties, punitive costs, Refused, Sectors, Topics | 0 |

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Diverse people unite: Right of access to court v2

by GilesFiles | Dec 6, 2019 | 2019, Agriculture, Applications, Bill of Rights, Common Law, Community schemes, Courts, Declaratory, Dignity equality freedom, Exceptions/special pleas, Government - central, High Court, High Court judges, Interpretation and application, Judges, Jurisdiction and powers, Legal Practice, Orders, Parties, Philosophy and economics, Sectors, Special pleas, Topics | 0 |

Homo Sapiens, Negro, Ethiopian Semite, Israelite People of SA v President of South Africa High court referred to ‘diverse people unite’ in rejecting the ‘claims’ of the applicants who inter alia asserted...

Individual rights examined: LRA s187(1)(c) discussed

by GilesFiles | Dec 3, 2019 | 2019, Acting LC judges, Applications, Bradley Conradie, Common Law, Courts, Dismissal: general, Dispute Resolution (LRL 3), 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, Parties, Private enterprises, Sectors, Sport & recreation, Statutes (LRL 2) - work law, Termination (LRL 8), Topics | 0 |

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Locking out protected: 13th cheque dispute

by GilesFiles | Nov 29, 2019 | 2019, Acting LC judges, Applications, Collective Bargaining (LRL 5), Courts, Dispute Resolution (LRL 3), Exceptions/special pleas, Hospitality, Interdicts and rule nisi, Judges, Jurisdiction and powers, Labour Court, Labour court, Labour Court judges, Labour Relations, Labour Relations Act 1995, Legal Practice, Lockout/lock-out, LRA Chpt: 4: s64-77 Strikes & lockouts, LRA Chpt: 7: s112-184 Dispute resolution, Orders re costs, Parties, Power plays (LRL 6), Refused, Refused, Retailing, Rule nisi, Rules and practice manuals, Sean Snyman, Sectors, Statutes (LRL 2) - work law, Topics, Trade unions, Urgency, 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,...

Labour court jurisdiction: BCEA compliance

by GilesFiles | Nov 26, 2019 | 2019, Applications, Basic Conditions (LRL 10), BCEA 1997, BCEA 77(3) and 77A(e), CN Jafta, ConCourt judges, Constitutional Court, Courts, Exceptions/special pleas, Interpretation and application, Judges, Jurisdiction and powers, Labour Relations, Labour Relations Act 1995, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, Parties, Retailing, Sectors, Special pleas, 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,...

Category: Applications