Interdicts & rules Archives

Breaching public policy: Post-employment restraint

by GilesFiles | May 19, 2025 | 2020 onwards, AB - Law generally, Applications, Bill of Rights, Causes and defences, Contractual breach, Costs, Courts, Declaratory, Dignity equality freedom, High Court, High Court judges, Insights, Interdicts & rules, Interpretation etc, Judges, Jurisdiction & powers, Labour Relations, Legal Practice, Legislation, Logistics, Management, Orders, Parties, Personal services, Private enterprises, Protectable interests, Public policy, Refused, Resolving disputes (LRL 3), SDJ Wilson, Sectors, Statutes (LRL 2)-work, Statutory, Topics, Trade restraints | 0 |

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Protecting legitimate interests: Restraining former employee

by GilesFiles | May 2, 2025 | 2020 onwards, AB - Law generally, Applications, BCEA 77(3) & 77A(e), Bill of Rights, Causes and defences, Contractual breach, Costs, Courts, Free and fair, Granted, Granted, Insights, Interdicts & rules, Interpretation etc, Judges, Jurisdiction & powers, Just and equitable relief, Labour Court, Labour Court judges, Legal Practice, Legislation, Management, Markets in SA, Orders, Parties, Personal Information, Personal services, Private enterprises, Protectable interests, Resolving disputes (LRL 3), RGO Lagrange, Risks, Rules Codes & Manual, Sectors, Selected judges, Topics, Trade restraints, Urgency | 0 |

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Passing special resolution: Essential levy requirement

by GilesFiles | Mar 18, 2025 | 2020 onwards, Applications, BC and HOAs, Body C Manage, Causes and defences, Community schemes, Costs, Courts, Declaratory, Evidence & onus, High Court, High Court judges, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, Legislation, Orders, Parties, Refused, Rules Codes & Manual, Sectors, Statutory, Topics | 0 |

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Infringing rights considered: Declaratory relief not justified

by GilesFiles | Feb 18, 2025 | 2020 onwards, Applications, Bill of Rights, Causes and defences, Conduct & capacity, Contractual breach, Costs, Courts, Declaratory, Evidence & onus, High Court, High Court judges, Interdicts & rules, Interpretation etc, Judges, Jurisdiction & powers, Labour Relations, Legal Practice, Legislation, Orders, Parties, Refused, Resolving disputes (LRL 3), Rules Codes & Manual, Sectors, State Owned Enterprises, Statutory, Termination (LRL 8), Topics, Transport & communication | 0 |

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Admitting surveillance evidence: Obtained lawfully

by GilesFiles | Feb 17, 2025 | 2020 onwards, Access to information, Applications, Bill of Rights, Causes and defences, Consumer protection, Courts, Declaratory, Delict, Evidence & onus, Granted, HC Uniform, High Court, High Court judges, Insights, Interdicts & rules, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, Legislation, Management, Managerial prerogative, Orders, Parties, Personal services, Private enterprises, Risks, Rules Codes & Manual, Sectors, Statutory, Topics | 0 |

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Awarding punitive costs: Self-created urgent application

by GilesFiles | Jan 30, 2025 | 2020 onwards, Applications, Causes and defences, Condonation, Costs, Courts, Declaratory, Interdicts & rules, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, LC-Practice Manual, Legal Practice, Legislation, LRA 1995, LRA 7: 112-184 Dispute, LRA D: 151-166 LC, MR Makhura, Orders, Parties, Personal services, Refused, Resolving disputes (LRL 3), Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, Statutory, Topics, Universities and schools | 0 |

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Legitimate protectable interest: Enforcing restraint?

by GilesFiles | Jan 29, 2025 | 2020 onwards, AB1 - Fairness principle or concept, Appeals, Appeals - leave, Applications, BCEA 1997 (LRL 10), BCEA 77(3) & 77A(e), Bill of Rights, Causes and defences, Contractual breach, Costs, Courts, Declaratory, Dennis Davis, Disallowed, Evidence & onus, Free and fair, Insights, Interdicts & rules, Interpretation etc, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, Management, Manufacturing, Markets in SA, Objective - correctness, Orders, Parties, Personal services, Private enterprises, Protectable interests, Public policy, Resolving disputes (LRL 3), Retired judges, Review tests, Rules Codes & Manual, Sectors, Topics, Trade restraints | 0 |

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Interdicting protected strike: Why was protection not lost?

by GilesFiles | Jan 28, 2025 | 2020 onwards, Applications, Bill of Rights, Causes and defences, Contractual breach, Costs, Courts, Declaratory, Delict, Evidence & onus, Interdicts & rules, Interpretation etc, Judges, Jurisdiction & powers, K Allen-Yaman, Labour Court, Labour Court judges, Labour Relations, LC Rules-new, Legal Practice, Legislation, Logistics, LRA 1995, LRA 4: 64-77 Strikes, LRA 7: 112-184 Dispute, LRA D: 151-166 LC, Orders, Parties, Power plays (LRL 6), Private enterprises, Refused, Refused, Resolving disputes (LRL 3), Rules Codes & Manual, Sectors, Selected judges, Statutes (LRL 2)-work, Statutory, Strike - protected, Strike s68 unprotected, Topics | 0 |

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Renewing fixed-term contracts: Interim relief granted

by GilesFiles | Jan 21, 2025 | 2020 onwards, AB1 - Fairness principle or concept, AF - Internal equity external parity, Applications, Bill of Rights, BM Whitcher, Causes and defences, Central, Contractual breach, Costs, Courts, Declaratory, Discrimination (LRL 11), EEA Chpt II ss 5-11, Employ Equity (LRL 12), Fixed-term, Government, Granted, Granted, Insights, Interdicts & rules, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legality principle, Legislation, LRA 1995, LRA 7: 112-184 Dispute, LRA 8a: 185-197B Dismissal, LRA 8b: 185-186(2) Practices, LRA D: 151-166 LC, Management, Orders, Parties, Personal services, Practices (LRL 9), Resolving disputes (LRL 3), Review tests, Rule nisi, Rules Codes & Manual, Sectors, State organs, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Terms & conditions, Topics, Work Science Institute | 0 |

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Refusing eviction application: Procedurally and substantively flawed

by GilesFiles | Jan 16, 2025 | 2020 onwards, Applications, Bill of Rights, Causes and defences, Costs, Courts, Declaratory, Eviction/ejectment, Evidence & onus, General, HC Uniform, High Court, High Court judges, Interdicts & rules, Interpretation etc, Joinder, Judges, Jurisdiction & powers, Legal Practice, Legislation, Orders, Parties, Private enterprises, Refused, Refused, Rules Codes & Manual, SDJ Wilson, Sectors, Statutory, Topics | 0 |

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Establishing protectable interest: Onus not discharged

by GilesFiles | Jan 15, 2025 | 2020 onwards, AB - Law generally, Applications, Causes and defences, Contractual breach, Costs, Courts, Declaratory, High Court, High Court judges, Insights, Interdicts & rules, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, Legislation, Management, Orders, Parties, Personal services, Private enterprises, Protectable interests, Public policy, Refused, Sectors, Topics, Trade restraints | 0 |

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Alleging unlawful dismissal: Legal basis not pleaded

by GilesFiles | Jan 13, 2025 | 2020 onwards, AB1 - Fairness principle or concept, Applications, Causes and defences, Costs, Courts, Declaratory, Government, Insights, Interdicts & rules, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, LRA 1995, LRA 7: 112-184 Dispute, Metro, Orders, Parties, Refused, Resolving disputes (LRL 3), RGO Lagrange, Rules Codes & Manual, Sectors, State organs, Statutes (LRL 2)-work, Statutory, Topics, Unlawful and void | 0 |

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Category: Interdicts & rules