Category: Refused

Unprotected strike action: Defective strike notice

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Political protest action: Labour court lacks jurisdiction

CCI SA (Pty) Ltd v ANC Youth League How to determine jurisdiction and whether trade union or strike action was involved or simply political protest action? “[28] What is different in this matter is that as much as the...

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Affording right to respond: Moot and academic

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Unreasonable restraint enforcement: Protecting proprietary interest?

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Delaying disciplinary action: Waiver and election considered

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Pension fund adjudicator: Enforcing determination and contempt?

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General body of information: Proving proprietary interest?

Avis Southern Africa (Pty) Ltd v Porteous When does restraint agreement survive business transfer and how is general body of information determined for purposes of affording protection? “[99] I am mindful of the fact that...

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Diplomatic accreditation considered: Jurisdiction lacking to grant relief

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Permanent stay application: Alternative remedy discussed

MVV v Director of Public Prosecutions, Western Cape Is it appropriate to grant a permanent stay application in civil proceedings given specific provisions in Criminal Procedure Act? “[33] The attitude adopted by the first...

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Unenforceable unwritten restraint: Stifling competition?

Crazy Splash Swim School (Pty) Ltd v TN Is it against public policy to stifle competition and does that mean that even an unwritten restraint is unenforceable? “[66] Overall, the restraint provision the applicant seeks in...

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Freedom to trade accepted: Restraint refused

Pilog Data (Pty) Ltd v Glencore Global Business Centre (Pty) Ltd How do courts balance the rights of employers and former employees if it is accepted that freedom to trade should be allowed? “[59] The freedom of trade...

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Laying criminal charges: Forfeiting right to discipline?

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