Interdicts and rule nisi Archives

Trustees instituting action: Must use Ombud service

by GilesFiles | May 26, 2022 | 2020 +, Applications, Awarded, Biowatch principle, Body corporates, Causes of action, Community housing schemes, Courts, High Court, High Court judges, Interdicts and rule nisi, Judges, Jurisdiction and powers, Just and equitable relief, Legal Practice, Legislation, MR (management), Orders, Orders re costs, Parties, Sectors, Statutory, Topics, Urgency | 0 |

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Staying award enforcement: Requirements considered

by GilesFiles | May 25, 2022 | 2020 +, Applications, Appointed LC judges, Causes of action, Courts, Declaratory, Dispute Resolution (LRL 3), Evidence and onus, Evidentiary burden, GN Moshoana, Interdicts and rule nisi, interpleader proceedings, Interpretation and application, Judges, Jurisdiction and powers, Labour Court, Labour Court judges, Labour practices (LRL 9), Labour Relations, Labour Relations Act 1995, LC Rules, Legal Practice, Logistics, LRA Chpt: 7: s112-184 Dispute resolution, Manufacturing, Not awarded, Orders, Orders re costs, Parties, Private enterprises, Review tests, Rules, Sectors, Statutes (LRL 2) - work law, Statutory, staying proceedings and execution, Suspensions - 186(2)(b), Topics, Uniform High Court, 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,...

Reinstating fixed-term contracts: Labour Court’s jurisdiction

by GilesFiles | May 3, 2022 | 2020 +, André van Niekerk, Applications, Appointed LC judges, BCEA 1997, BCEA 77(3) and 77A(e), Causes of action, Courts, Dispute Resolution (LRL 3), Fixed-term contracts, General, Government, Interdicts and rule nisi, Interpretation and application, Judges, Jurisdiction and powers, Labour Court, Labour Court judges, Labour Relations, Labour Relations Act 1995, Lawfulness, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, Municipal, Not awarded, Orders, Orders re costs, Organs of state, Parties, Refused, Sectors, Statutes (LRL 2) - work law, Struck off, 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,...

Binding collective agreement: Workplace or bargaining unit?

by GilesFiles | Apr 29, 2022 | 2020 +, André van Niekerk, Applications, Appointed LC judges, Courts, Declaratory, Dispute Resolution (LRL 3), Evidence and onus, Granted, Holistic evaluation, Interdicts and rule nisi, Interpretation and application, Judges, Labour Court, Labour Court judges, Labour Relations, Labour Relations Act 1995, Legal Practice, LRA Chpt: 4: s64-77 Strikes & lockouts, LRA Chpt: 7: s112-184 Dispute resolution, Mining, Not awarded, Orders, Orders re costs, Parties, Power plays (LRL 6), Private enterprises, Sectors, Statutes (LRL 2) - work law, Strike - unprotected, 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,...

Unlawful pay deductions: Coupled with invalid dismissal

by GilesFiles | Apr 29, 2022 | 2020 +, Applications, Appointed LC judges, Awarded, BCEA 1997, BCEA 77(3) and 77A(e), Causes of action, Central, Courts, Declaratory, Dismissal generally, Dispute Resolution (LRL 3), Exceptions/special pleas, Government, Granted, H Rabkin-Naicker, Interdicts and rule nisi, Interpretation and application, Invalid or unfair reason, Judges, Jurisdiction and powers, Labour Court, Labour Court judges, Labour Relations, Labour Relations Act 1995, LC Rules, Legal Practice, Legality principle, Legislation, LRA Chpt: 7: s112-184 Dispute resolution, Orders, Orders re costs, Organs of state, Parties, Review tests, Rules, Sectors, Special pleas, Statutes (LRL 2) - work law, Statutory, Termination & dismissal (LRL 8), Topics, Urgency | 0 |

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Deemed dismissal requirements: Automatic reinstatement

by GilesFiles | Apr 8, 2022 | 2020 +, Applications, Appointed LC judges, Awarded, BM Whitcher, Causes of action, Courts, Declaratory, deeming provision, Dispute Resolution (LRL 3), Evidence and onus, Government, Granted, Interdicts and rule nisi, Interpretation and application, Judges, Labour Court, Labour Court judges, Labour Relations, Labour Relations Act 1995, Legal Practice, Legality principle, Legislation, LRA Chpt: 7: s112-184 Dispute resolution, LRA Chpt: 8a: s185-197B Dismissals, Orders, Orders re costs, Organs of state, Parties, Provincial, Review tests, Sectors, Specific performance, Statutes (LRL 2) - work law, Statutory, 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,...

Resignation unilateral act: Consensual withdrawal required

by GilesFiles | Mar 18, 2022 | 2020 +, Applications, Appointed LC judges, Causes of action, Competition Tribunal, Contractual breach, Courts, Declaratory, Dispute Resolution (LRL 3), Exceptions/special pleas, GN Moshoana, Government, Interdicts and rule nisi, Interpretation and application, Judges, Jurisdiction and powers, Labour Court, Labour Court judges, Labour Relations, Labour Relations Act 1995, Legal Practice, Legislation, LRA Chpt: 7: s112-184 Dispute resolution, Municipal, Not awarded, Orders, Orders re costs, Organs of state, Parties, Refused, Refused, Resignation voluntary, Rule nisi, Rules, 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,...

Precautionary suspension upheld: Rational lawful decision

by GilesFiles | Mar 15, 2022 | 2020 +, Applications, Bill of Rights, Causes of action, Central, Courts, Declaratory, Dignity equality freedom, Evidence and onus, General, Government, High Court, High Court judges, Interdicts and rule nisi, Interpretation and application, Judges, Jurisdiction and powers, Legal Practice, Legality principle, Legislation, Orders, Orders re costs, Organs of state, PAJA 2000, Parties, Refused, Review tests, Sectors, Topics | 0 |

Motau v Minister of Health When is it rational and lawful to suspend a senior executive as a precaution against the risk of possible harm to the enterprise? “[32] It is common cause that the First Respondent is an organ of...

Viable alternative remedy: Interdict application refused

by GilesFiles | Mar 9, 2022 | 2020 +, Applications, Appointed LC judges, BM Whitcher, Causes of action, Central, Courts, Declaratory, Dispute Resolution (LRL 3), Evidence and onus, Evidentiary burden, General, Government, 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, Organs of state, Parties, Refused, Sectors, Statutes (LRL 2) - work law, staying proceedings and execution, 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,...

Invalid unlawful provision: Clause violated rights?

by GilesFiles | Mar 8, 2022 | 2020 +, Applications, Awarded, Bill of Rights, Bill of Rights, Body corporates, Causes of action, Community housing schemes, Courts, Declaratory, Dignity equality freedom, Exceptions/special pleas, High Court, High Court judges, Homeowners associations, Interdicts and rule nisi, Interim relief, Interpretation and application, Judges, Jurisdiction and powers, Legal Practice, Legislation, Orders, Orders re costs, Parties, Rules, Sectors, Special pleas, Topics, Uniform High Court | 0 |

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RED listing considered: Jurisdiction lacking to interdict

by GilesFiles | Mar 7, 2022 | 2020 +, Acting LC judges, Applications, Banks, BCEA 1997, BCEA 77(3) and 77A(e), Courts, Declaratory, Dispute Resolution (LRL 3), Exceptions/special pleas, Finance, Interdicts and rule nisi, Interpretation and application, Judges, Jurisdiction and powers, Labour Court, Labour Court judges, Labour Relations, Labour Relations Act 1995, Legal Practice, Legislation, LRA Chpt: 7: s112-184 Dispute resolution, Not awarded, Orders, Orders re costs, Parties, Refused, Sectors, Special pleas, Statutes (LRL 2) - work law, Topics | 0 |

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Declaring strike unlawful: Absence of necessary averments

by GilesFiles | Mar 7, 2022 | 2020 +, Acting LC judges, Applications, Bill of Rights, Courts, Declaratory, Dispute Resolution (LRL 3), Evidence and onus, Evidentiary burden, Interdicts and rule nisi, Interpretation and application, Judges, Jurisdiction and powers, Labour Court, Labour Court judges, Labour Relations, Labour Relations Act 1995, Legal Practice, LRA Chpt: 4: s64-77 Strikes & lockouts, LRA Chpt: 7: s112-184 Dispute resolution, Not awarded, Orders, Orders re costs, Parties, Power plays (LRL 6), Private enterprises, Refused, Sectors, Statutes (LRL 2) - work law, Strike - protected, Topics, Trade, 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: Interdicts and rule nisi