Recusal Archives - GilesFiles

Refusing leave to appeal: Recusal of arbiter?

by GilesFiles | Mar 12, 2025 | 2020 onwards, Applications, Causes and defences, Costs, Courts, Declaratory, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, LRA 1995, Manufacturing, Objective - correctness, Orders, Parties, Private enterprises, Recusal, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, Statutory, 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,...

Community concept considered: Restitution of rights?

by GilesFiles | Nov 4, 2024 | 2020 onwards, Agriculture, Appeals, Bill of Rights, Causes and defences, Costs, Courts, Declaratory, Disallowed, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, Legislation, Orders, Parties, Private enterprises, Recusal, Rules Codes & Manual, SCA judges, Sectors, Statutory, Supreme Court of Appeal, 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,...

Judge’s recusal application: Sequestration order set aside

by GilesFiles | Oct 21, 2024 | 2020 onwards, Allowed, Appeals, Appeals - leave, BC and HOAs, Causes and defences, Community schemes, Costs, Courts, Declaratory, General, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, Legality principle, Legislation, Orders, Parties, Recusal, Review tests, RM Keightley, SCA judges, Sectors, staying proceedings, Supreme Court of Appeal, 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,...

Recommencing arbitration proceedings: Arbiter mistakes

by GilesFiles | Mar 22, 2023 | 2020 onwards, Awards -s145 see also Sidumo, Causes and defences, Central, Costs, Courts, Declaratory, General, Government, Interpretation etc, Judges, Labour Court, Labour Court judges, Labour Relations, Legislation, LRA 1995, LRA 7: 112-184 Dispute, LRA C: 133-150 CCMA, Orders, Parties, Recusal, Review tests, Rules Codes & Manual, Sean Snyman, Sectors, Selected judges, Sidumo - see also awards s 145, State organs, Statutes (LRL 2)-work, Statutory, Topics | 0 |

Minister of Correctional Services v NWM Will recommencing arbitration proceedings always be necessary when earlier proceedings are a nullity due to arbiter conduct? “[90] Having regard to the conclusion I have come to...

Shortlisting potential applicants: Unfair labour practice?

by GilesFiles | Oct 18, 2022 | 2020 onwards, Appeals, Appeals - leave, Awards -s145 see also Sidumo, Causes and defences, Costs, Courts, Disallowed, Evidence & onus, Insights, Judges, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, LRA 1995, LRA 7: 112-184 Dispute, LRA 8b: 185-186(2) Practices, Management, Orders, Parties, Personal services, Policies - all, Practices (LRL 9), Recusal, Review tests, Rules Codes & Manual, Sectors, Sidumo - see also awards s 145, Statutes (LRL 2)-work, Statutory, Topics, Universities and schools | 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,...

Expression rights considered: Prohibited hate speech

by GilesFiles | Feb 16, 2022 | 2020 onwards, Allowed, Appeals, Appeals - leave, Bill of Rights, ConCourt judges, Constitutional Court, Costs, Courts, Dignity equality freedom, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, Legislation, Orders, Parties, Recusal, Review tests, Rules Codes & Manual, Sectors, SV Khampepe, Topics, Trade unions | 0 |

SA Human Rights Commission obo SA Jewish Board of Deputies v Masuku Expression rights considered by constitutional court concerning statements made by an official of Cosatu at a rally and elsewhere and decision also dealt with...

Summary dismissal void: SABC materially breached contract

by GilesFiles | Nov 27, 2020 | 2020 onwards, Appeals, Appeals - leave, Causes and defences, Conduct - gross, Conduct & capacity, Contractual breach, Courts, Dennis Davis, Disallowed, Judges, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, LRA 1995, LRA 7: 112-184 Dispute, Notice requirements, Operational reasons, Orders, Parties, Recusal, Sectors, State organs, State Owned Enterprises, 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,...

Magistrate recusing himself: Reviewed and set aside

by GilesFiles | Nov 6, 2020 | 2020 onwards, A G Binns-Ward, Applications, Bill of Rights, Causes and defences, Central, Common law, Courts, Declaratory, General, Government, High Court, High Court judges, interpleader, Irregular proceeding, Judges, Jurisdiction & powers, Legal Practice, Legality principle, Orders, Parties, Recusal, Review tests, Sectors, State organs, Topics | 0 |

M J Vermeulen Inc. v Engelbrecht NO The magistrate’s subjective discomfiture about continuing with the trial and recusing himself ‘did not afford a proper basis for him to recuse himself, and his decision to do so...

Commissioner misconduct considered: Reviewable?

by GilesFiles | Mar 13, 2020 | 2020 onwards, Applications, Awards -s145 see also Sidumo, Condonation, Conduct & capacity, Courts, Evidence & onus, Government, Judges, Labour Court, Labour Court judges, Labour Relations, LC Rules-old, Legal Practice, LRA 1995, LRA 7: 112-184 Dispute, LRA 8a: 185-197B Dismissal, Municipal, Orders, Parties, Performance, Provincial, Recusal, Review tests, Risks, Rules Codes & Manual, Sectors, Sidumo - see also awards s 145, Statutes (LRL 2)-work, Termination (LRL 8), Topics, Trust & confidence | 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,...

Impractical reinstatement considered: Compensation increased

by GilesFiles | Jun 13, 2019 | 2019, Awards -s145 see also Sidumo, B Waglay, Costs, Courts, Judges, Just and equitable relief, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, Logistics, LRA 1995, LRA 7: 112-184 Dispute, Recusal, Review tests, Sectors, Statutes (LRL 2)-work, 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,...

Abominable abusive action: Punitive costs awarded

by GilesFiles | Dec 11, 2018 | 2018, 2018, Causes and defences, Central, Conduct - gross, Conduct & capacity, Contractual breach, Costs, Courts, Hearing procedure, High Court, High Court judges, Judges, Labour Relations, Landmark judgments, Legal Practice, Notice requirements, Recusal, Sectors, State Owned Enterprises, Termination (LRL 8), Topics, Trust & confidence | 0 |

Moyane v Ramaphosa Abominable abusive action and allegations attacking the integrity of a number of important national figures suitably punished with an award of costs on a punitive scale. “The primary relief that...

Restating review test: Myburgh AJ’s helpful formulation

by GilesFiles | May 10, 2018 | 2018, Anton Myburgh, Awards -s145 see also Sidumo, Construction industry, Courts, Jurisdiction & powers, Labour Court, Labour Relations, Legal Practice, Recusal, Review tests, Sectors, Sidumo - see also awards s 145, 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,...

Category: Recusal