Interdicts and rule nisi Archives

Advisory award compulsory: LC issued directive

by GilesFiles | Sep 8, 2021 | 2020 +, Applications, Appointed LC judges, Courts, Declaratory, Dispute Resolution (LRL 3), Granted, 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, Manufacturing, Orders, Parties, Power plays (LRL 6), Rules, 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,...

Alleged protected disclosures: Urgent relief refused

by GilesFiles | Sep 7, 2021 | 2020 +, Applications, Appointed LC judges, Central, Courts, Declaratory, Dispute Resolution (LRL 3), Evidence and onus, Exceptions/special pleas, Government, Interdicts and rule nisi, Interim relief, Interpretation and application, Judges, Jurisdiction and powers, Labour Court, Labour Court judges, Labour Relations, Labour Relations Act 1995, Legal Practice, LRA Chpt 1: s1-3 Purpose, LRA Chpt: 7: s112-184 Dispute resolution, LRA Chpt: 8b: s185-186(2) Labour practices, Orders, Orders re costs, Organs of state, Parties, Plascon-Evans rule, Rules, Sectors, Special pleas, Statutes (LRL 2) - work law, 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,...

Interdicting unlawful conduct: Participation by workers

by GilesFiles | Aug 31, 2021 | 2020 +, Agriculture, appeal, Appeals, Applications, Bill of Rights, Cause: general, Circumstantial, Common Law, ConCourt judges, Confirmed, Constitutional Court, Courts, Dispute Resolution (LRL 3), Evidence and onus, Granted, Interdicts and rule nisi, Interim relief, Judges, Labour Relations, Labour Relations Act 1995, Legal Practice, LRA Chpt: 4: s64-77 Strikes & lockouts, LRA Chpt: 7: s112-184 Dispute resolution, Orders, Parties, Picketing, Power plays (LRL 6), Private enterprises, Review tests, Rule nisi, Sectors, Statutes (LRL 2) - work law, Strike - protected, Topics, Trade unions | 0 |

Csaawu v Oak Valley Estates (Pty Ltd Interdicting unlawful conduct by workers being persons ‘doing work for’ the employer but ‘not working for’ the employer and as such not ’employees’ in the...

Closed shop agreement: Verification exercise

by GilesFiles | Aug 28, 2021 | 2020 +, Applications, Appointed LC judges, Collective agreements, Collective Bargaining (LRL 5), Courts, Declaratory, Dispute Resolution (LRL 3), Edwin Tlhotlhalemaje, Evidence and onus, Exceptions/special pleas, 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 2: s4-10 Freedom of association, LRA Chpt: 3: s11-63 Collective Bargaining, LRA Chpt: 7: s112-184 Dispute resolution, Mining, Orders, Parties, Private enterprises, Refused, 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,...

Publishing defamatory statements: Interdict refused

by GilesFiles | Aug 10, 2021 | 2020 +, Applications, Cause: delict, Central, Common Law, Courts, Declaratory, Evidence and onus, Evidentiary burden, Government, High Court, High Court judges, Interdicts and rule nisi, Interpretation and application, Judges, Legal Practice, Orders, Organs of state, Parties, Refused, Sectors, Topics | 0 |

Goberdan v Sitshetshe (NDPP) Publishing defamatory statements sought to be interdicted by some prosecutors in the National Prosecting Authority (NPA) but high court refused to grant the interdict because in making a value...

Class action certified: Coupled with interim relief

by GilesFiles | Jul 21, 2021 | Applications, Common Law, Courts, Declaratory, Evidence and onus, Granted, High Court, High Court judges, Interdicts and rule nisi, Judges, Legal Practice, Legislation, Orders, Protection of Personal Information, Rule nisi, Rules, Topics | 0 |

Stellenbosch University Law Clinic v Lifestyle Direct Group International (Pty) Ltd Class action certified by high court after recalling the history and development of the concept in theory and practice both in the USA and South...

Self-created urgency: Parallel processes decried

by GilesFiles | Jun 24, 2021 | 2020 +, Applications, Appointed LC judges, Associations & corporate bodies, Courts, Dispute Resolution (LRL 3), Exceptions/special pleas, 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, Orders, Orders re costs, Parties, Personal services, Refused, Rules, Sectors, self-created urgency, Statutes (LRL 2) - work law, Struck off, 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,...

Publishing defamatory statements: Unlawfulness?

by GilesFiles | Jun 23, 2021 | 2020 +, appeal, Appeals, Applications, Bill of Rights, Cause: delict, Common Law, Courts, Dignity equality freedom, Evidence and onus, Evidentiary burden, Exceptions/special pleas, Interdicts and rule nisi, Judges, Jurisdiction and powers, Legal Practice, OL Rogers, Onus of proof, Orders, Refused, Roman Dutch law principles, Rules, SCA judges, Special pleas, Supreme Court of Appeal, Topics, Uniform High Court | 0 |

Malema v Rawula In considering publishing defamatory statements the SCA disallowed the appeal from the high court and confirmed that an interdict must always be directed at future conduct and if there is no risk of future...

Arbitration agreement disputed: Jurisdiction and powers?

by GilesFiles | Jun 22, 2021 | 2020 +, Applications, Cause: statute, Common Law, Courts, Declaratory, Exceptions/special pleas, High Court, High Court judges, Interdicts and rule nisi, Interpretation and application, Judges, Jurisdiction and powers, Legal Practice, Legislation, Orders, Roman Dutch law principles, Special pleas, 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,...

Interdicting political party: Rule nisi confirmed

by GilesFiles | Jun 18, 2021 | 2020 +, Acting LC judges, Applications, Cause: contractual breach, Cause: delict, Clear and convincing, Common Law, Confirmed, Courts, Declaratory, Dispute Resolution (LRL 3), Evidence and onus, Granted, 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, Orders, Orders re costs, Parties, Plascon-Evans rule, Private enterprises, Rule nisi, Sectors, Statutes (LRL 2) - work law, 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,...

Oral evidence ordered: Disputed settlement agreement

by GilesFiles | Jun 7, 2021 | 2020 +, André van Niekerk, Applications, Appointed LC judges, Courts, Declaratory, Dispute Resolution (LRL 3), Evidence and onus, expedited hearing, 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, Oral, Orders, Parties, Plascon-Evans rule, Rules, Sectors, SOEs (State Owned Enterprises), 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,...

Replacement employees allowed: Targeted lockout

by GilesFiles | May 23, 2021 | 2020 +, Airline pilots, Applications, Appointed LC judges, Courts, Declaratory, Dispute Resolution (LRL 3), Edwin Tlhotlhalemaje, Evidence and onus, Exceptions/special pleas, Interdicts and rule nisi, Interim relief, Interpretation and application, Judges, Jurisdiction and powers, Labour Court, Labour Court judges, Labour Relations, Labour Relations Act 1995, Legal Practice, Lockout/lock-out, Logistics, 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, 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,...

Category: Interdicts and rule nisi