Refused Archives

Unreasonable restraint enforcement: No protectable interests

by GilesFiles | Jun 28, 2024 | 2020 onwards, AB Insights law, Applications, BCEA 77(3) & 77A(e), Causes and defences, Contractual breach, Costs, Courts, Declaratory, Fairness principle or concept, Free and fair, General, Insights, Interdicts & rules, Interpretation etc, Judges, Jurisdiction & powers, Kate Savage, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, LRA 1995, LRA 7: 112-184 Dispute, LRA D: 151-166 LC, Management, Markets in SA, Orders, Parties, Private enterprises, Protectable interests, Refused, Resolving disputes (LRL 3), Restraints, Sectors, Selected judges, Statutes (LRL 2)-work, Topics, Trade | 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,...

Specific performance denied: Lack of urgency

by GilesFiles | May 21, 2024 | 2020 onwards, Applications, BCEA 1997 (LRL 10), BCEA 77(3) & 77A(e), Causes and defences, Contractual breach, Costs, Courts, Declaratory, Interdicts & rules, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, LC Rules, Legal Practice, Legislation, LRA 1995, LRA 7: 112-184 Dispute, Orders, Parties, Refused, Resolving disputes (LRL 3), Rules Codes & Manual, Sectors, self-created urgency, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), 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,...

Unprotected strike action: Defective strike notice

by GilesFiles | May 13, 2024 | 2020 onwards, Applications, Causes and defences, Central, Collective action, Collective Bargain (LRL 5), Confirmed, Contractual breach, Costs, Courts, Declaratory, Government, Interdicts & rules, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Lawfulness & fairness, LC Rules, Legal Practice, Legislation, Limits - 65, LRA 1995, LRA 4: 64-77 Strikes, LRA 7: 112-184 Dispute, LRA D: 151-166 LC, Operational reasons, Orders, Parties, Power plays (LRL 6), Refused, Resolving disputes (LRL 3), RGO Lagrange, Rule nisi, Rules Codes & Manual, Sectors, Selected judges, State Owned Enterprises, Statutes (LRL 2)-work, Statutory, Strike s68 unprotected, Strikes - 64, Termination (LRL 8), Terms & conditions, 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,...

Punitive costs awarded: Inappropriate conduct in court

by GilesFiles | Apr 22, 2024 | 2020 onwards, Applications, Causes and defences, Costs, Courts, Declaratory, Finance, High Court, High Court judges, Interdicts & rules, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, Legislation, Orders, Parties, Refused, Rules Codes & Manual, SDJ Wilson, Sectors, Selected judges, self-created urgency, State Owned Enterprises, 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,...

Political protest action: Labour court lacks jurisdiction

by GilesFiles | Mar 6, 2024 | 2020 onwards, Appeals, Appeals - leave, Causes and defences, Courts, Declaratory, Disallowed, Interdicts & rules, Interpretation etc, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, Legality principle, Legislation, Logistics, LRA 1995, LRA 4: 64-77 Strikes, Objective - correctness, Orders, Organisations (LRL 4), Parties, Power plays (LRL 6), Private enterprises, Protest action, Refused, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, Statutory, Topics, Trade | 0 |

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...

Affording right to respond: Moot and academic

by GilesFiles | Jan 5, 2024 | 2020 onwards, AB Insights law, Agriculture, Applications, Causes and defences, Conduct & capability, Contractual breach, Costs, Courts, Declaratory, Fairness principle or concept, Hearing procedure, Insights, Interdicts & rules, Interim relief, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Lawfulness & fairness, Legal Practice, Legislation, LRA 1995, LRA 7: 112-184 Dispute, LRA 8a: 185-197B Dismissal, Molatelo Robert Makhura, Orders, Parties, Private enterprises, Refused, Resolving disputes (LRL 3), Risks, Sectors, Selected judges, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), 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,...

Unreasonable restraint enforcement: Protecting proprietary interest?

by GilesFiles | Dec 8, 2023 | 2020 onwards, Applications, BCEA 1997 (LRL 10), BCEA 77(3) & 77A(e), Causes and defences, Conduct & capability, Contractual breach, Costs, Courts, Declaratory, Finance, H Rabkin-Naicker, Insights, Interdicts & rules, Interpretation etc, Judges, Labour Court, Labour Court judges, Labour Relations, Lawfulness & fairness, Legal Practice, Management, Orders, Parties, Personal services, Private enterprises, Protectable interests, Refused, Restraints, Sectors, Selected judges, Termination (LRL 8), 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,...

Delaying disciplinary action: Waiver and election considered

by GilesFiles | Nov 17, 2023 | 2020 onwards, Applications, BM Whitcher, Causes and defences, Courts, Declaratory, Government, Interdicts & rules, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, LRA 1995, LRA 8b: 185-186(2) Practices, Objective - correctness, Orders, Parties, Provincial, Refused, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, State organs, Statutes (LRL 2)-work, Statutory, 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,...

Pension fund adjudicator: Enforcing determination and contempt?

by GilesFiles | Nov 8, 2023 | 2020 onwards, André van Niekerk, Applications, Causes and defences, Contempt, Courts, Declaratory, Finance, Interdicts & rules, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, LRA 1995, LRA 7: 112-184 Dispute, Orders, Parties, Refused, Resolving disputes (LRL 3), Sectors, Selected judges, State Owned Enterprises, Statutes (LRL 2)-work, Statutory, 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,...

General body of information: Proving proprietary interest?

by GilesFiles | Oct 16, 2023 | 2020 onwards, Applications, Causes and defences, Contractual breach, Costs, Courts, Declaratory, High Court, High Court judges, Insights, Interdicts & rules, Interpretation etc, Judges, Jurisdiction & powers, Labour Relations, Legal Practice, Legislation, Logistics, LRA 1995, LRA 7: 112-184 Dispute, LRA 8a: 185-197B Dismissal, Orders, Parties, Private enterprises, Protectable interests, Public policy, Refused, Resolving disputes (LRL 3), Restraints, Rules Codes & Manual, Sectors, self-created urgency, Statutes (LRL 2)-work, Topics, Transport & communication, Uniform HC | 0 |

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...

Diplomatic accreditation considered: Jurisdiction lacking to grant relief

by GilesFiles | Oct 12, 2023 | 2020 onwards, Applications, BCEA 77(3) & 77A(e), Bill of Rights, Causes and defences, Central, Conduct & capability, Contractual breach, Costs, Courts, Declaratory, Disciplinary action, Government, Interdicts & rules, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, LC Rules, Legal Practice, Legislation, LRA 1995, LRA 7: 112-184 Dispute, LRA 8b: 185-186(2) Practices, LRA D: 151-166 LC, Orders, Parties, Refused, Resolving disputes (LRL 3), Risks, Rules Codes & Manual, Sean Snyman, Sectors, Selected judges, self-created urgency, State organs, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), 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,...

Permanent stay application: Alternative remedy discussed

by GilesFiles | Jul 31, 2023 | 2020 onwards, A G Binns-Ward, Applications, Bill of Rights, Causes and defences, Costs, Courts, Declaratory, Dignity equality freedom, Finance, High Court, High Court judges, Interdicts & rules, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, Legislation, Orders, Parties, Refused, Refused, Rules Codes & Manual, Sectors, Selected judges, State organs, Statutory, staying proceedings, Topics | 0 |

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...

Category: Refused