Interdicts and rule nisi Archives

Trade union usurpers: Non-joinder and urgency?

by GilesFiles | Feb 24, 2021 | 2020 +, Applications, Appointed LC judges, Courts, Dispute Resolution (LRL 3), ex parte, Exceptions/special pleas, Hospitality, Interdicts and rule nisi, Joinder of parties, 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, Struck off, Topics, Trade unions, 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,...

Deactivating access cards: Unlawful management action

by GilesFiles | Feb 1, 2021 | 2020 +, André van Niekerk, Applications, Appointed LC judges, Co-operatives, Construction, Courts, Declaratory, Discrimination (LRL 11), 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 2: s4-10 Freedom of association, LRA Chpt: 7: s112-184 Dispute resolution, Orders, Parties, Reinstatement, Sectors, Statutes (LRL 2) - work law, Topics, Urgency | 0 |

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Staying arbitration process: Exceptional circumstances

by GilesFiles | Jan 25, 2021 | 2020 +, André van Niekerk, Applications, Appointed LC judges, Collective agreements, Collective Bargaining (LRL 5), Courts, Dispute Resolution (LRL 3), Granted, Interdicts and rule nisi, Judges, Labour Court, Labour Court judges, Labour Relations, Labour Relations Act 1995, Legal Practice, Legislation, LRA Chpt: 7: s112-184 Dispute resolution, Mining, Orders, Parties, Sectors, Statutes (LRL 2) - work law, Topics, Trade unions, Urgency | 0 |

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Restraints unintended consequences: Enforceable and lawful?

by GilesFiles | Jan 12, 2021 | 2020 +, Applications, Bill of Rights, Cause: contractual breach, Common Law, Competition, Courts, Declaratory, Granted, High Court, High Court judges, Insights, Interdicts and rule nisi, Judges, Jurisdiction and powers, Legal Practice, Logistics, Orders, Parties, Private enterprises, Protectable business interests, Public policy, Restraints and restrictions, Sectors, Special pleas, Topics, Transport & communication, Urgency | 0 |

Value Logistics Ltd v Kuhn Restraints can have unintended consequences and high court found that what distinguishes clause 23 from a covenant in restraint of trade in an employment contract is that the employee, without being a...

Interim reinstatement refused: Temporary employment?

by GilesFiles | Jan 7, 2021 | 2020 +, Applications, Appointed LC judges, Courts, 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, Organs of state, Parties, Personal services, punitive costs, Refused, Sectors, SOEs (State Owned Enterprises), Statutes (LRL 2) - work law, Struck off, Topics | 0 |

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First refusal right: Part of larger package

by GilesFiles | Jan 4, 2021 | 2020 +, A.G. Binns-Ward, Agriculture, Applications, Cause: contractual breach, Cause: general, Common Law, Courts, Declaratory, Evidence and onus, Exceptions/special pleas, High Court, High Court judges, Interdicts and rule nisi, Interim relief, Interpretation and application, Judges, Legal Practice, Orders, Parties, Plascon-Evans rule, Private enterprises, Refused, Sectors, Special pleas, Topics | 0 |

Plattekloof RMS Boerdery (Pty) Ltd v Dahlia Investment Holdings (Pty) Ltd The high court decided that, assuming that the applicant was not in breach at the time of any of its obligations under the lease, the right of first...

Lockout lawful protected: Pilots and business rescue

by GilesFiles | Dec 29, 2020 | 2020 +, Airline pilots, André van Niekerk, Applications, Appointed LC judges, Collective Bargaining (LRL 5), Courts, Declaratory, Dispute Resolution (LRL 3), Interdicts and rule nisi, Interpretation and application, Judges, Jurisdiction and powers, Labour Court, Labour Court judges, Labour Relations, Labour Relations Act 1995, Legal Practice, Lockout/lock-out, LRA Chpt: 3: s11-63 Collective Bargaining, LRA Chpt: 4: s64-77 Strikes & lockouts, LRA Chpt: 7: s112-184 Dispute resolution, Orders, Parties, Power plays (LRL 6), Refused, Sectors, SOEs (State Owned Enterprises), Special pleas, Statutes (LRL 2) - work law, Topics, Trade unions, Transport & communication, 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,...

Union authorised picket: Gatherings Act inapplicable

by GilesFiles | Dec 7, 2020 | 2020 +, appeal, Appeals, Cause: statute, Common Law, Courts, Declaratory, Dispute Resolution (LRL 3), Granted, Interdicts and rule nisi, Interpretation and application, Judges, Jurisdiction and powers, Labour Relations, Labour Relations Act 1995, Legal Practice, LRA Chpt: 4: s64-77 Strikes & lockouts, LRA Chpt: 7: s112-184 Dispute resolution, Manufacturing, Orders, Parties, Picketing, Power plays (LRL 6), SCA judges, Sectors, Statutes (LRL 2) - work law, Supreme Court of Appeal, 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,...

Internal review process: Breaching employment contract?

by GilesFiles | Dec 4, 2020 | 2020 +, Applications, Cause: contractual breach, Common Law, Common law review, Courts, Declaratory, Dispute Resolution (LRL 3), High Court, High Court judges, Interdicts and rule nisi, Judges, Labour Relations, Legal Practice, Orders, Orders re costs, Parties, Refused, Review tests, Sectors, Topics, Universities and schools, Urgency | 0 |

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Replacement workers lawful: Response to suspended strike

by GilesFiles | Nov 30, 2020 | 2020 +, Appointed LC judges, 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, Lockout/lock-out, LRA Chpt: 4: s64-77 Strikes & lockouts, LRA Chpt: 7: s112-184 Dispute resolution, Manufacturing, Orders, Parties, Power plays (LRL 6), Refused, Sectors, Statutes (LRL 2) - work law, Topics, Trade unions, Transport & communication | 0 |

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Political party penalised: Costs re unprotected strike

by GilesFiles | Nov 20, 2020 | 2020 +, Agriculture, Applications, Appointed LC judges, Cause: general, Courts, Dispute Resolution (LRL 3), Edwin Tlhotlhalemaje, Exceptions/special pleas, Granted, Interdicts and rule nisi, Joinder of parties, 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, Orders re costs, Parties, Power plays (LRL 6), punitive costs, Sectors, Statutes (LRL 2) - work law, Strike - unprotected, Topics, Trade unions, Urgency, Zungu doctrine | 0 |

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Unprotected strike interdicted: Collective agreement terms

by GilesFiles | Nov 18, 2020 | 2020 +, Applications, Appointed LC judges, Bill of Rights, Collective agreements, Collective Bargaining (LRL 5), Courts, Declaratory, Dispute Resolution (LRL 3), Edwin Tlhotlhalemaje, Granted, Interdicts and rule nisi, Interpretation and application, Judges, Jurisdiction and powers, Labour Court, Labour Court judges, Labour Relations, Labour Relations Act 1995, LC Rules, Legal Practice, LRA Chpt: 4: s64-77 Strikes & lockouts, LRA Chpt: 7: s112-184 Dispute resolution, Manufacturing, Orders, Parties, Power plays (LRL 6), Rules and practice manuals, Sectors, Statutes (LRL 2) - work law, Strike - unprotected, Topics, Trade unions, 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,...

Category: Interdicts and rule nisi