Category: Interim relief

Alleged protected disclosures: Urgent relief refused

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Interdicting unlawful conduct: Participation by workers

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...

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Replacement employees allowed: Targeted lockout

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First refusal right: Part of larger package

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...

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Unprotected industrial action: Health and safety concerns

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Intimidation threats interdicted: Undocumented nationals

City of Cape Town v JB and Others Intimidation threats interdicted by high court on an interim basis after law enforcement officers of the City were threatened when they attempted to obtain personal information to issue...

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Novel strike demand: Pay progression principle

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Secret ballot requirement: Strike unprotected

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Complex interdict refused: Court considered interim relief

Big Catch Fishing Tackle (Pty) Ltd v Kemp Complex interdict refused by the high court after considering the rights of employers against former employees including restraints, unlawful competition and the use of confidential...

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Prove special circumstances for interim relief

The LC confirmed that as a general rule a mere loss of income and benefits does not justify the granting of interim relief.  Although this is not an immutable rule an employee  seeking remuneration during suspension must prove...

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