Stated case Archives

Collective bargaining process: Undermining considered

by GilesFiles | Nov 23, 2023 | 2020 onwards, Applications, Causes and defences, Collective Bargaining (LRL 5), Contractual breach, Costs, Courts, Declaratory, High Court, High Court judges, Hospitality, Interpretation etc, Judges, Labour Relations, Legal Practice, Legislation, LRA 1995, LRA 3: 11-63 Bargain, LRA 7: 112-184 Dispute, Management, Orders, Parties, Performance, Policies - all, Private enterprises, Review tests, Rules Codes & Manual, Sectors, Settlement agreements, Stated case, Statutes (LRL 2)-work, 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,...

Contractual claim prescribed: Long history considered

by GilesFiles | Jun 13, 2022 | 2020 onwards, Applications, BCEA 77(3) & 77A(e), Causes and defences, Connie Prinsloo, Contractual breach, Costs, Courts, Declaratory, Evidence & onus, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, LRA 1995, LRA 7: 112-184 Dispute, Mining, Orders, Parties, Private enterprises, Sectors, Stated case, Statutes (LRL 2)-work, Statutory, Suspensions, 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,...

Transcribed evidential record: Stated case unnecessary

by GilesFiles | Jun 1, 2022 | 2020 onwards, Causes and defences, Central, Connie Prinsloo, Costs, Courts, Declaratory, Evidence & onus, Government, Gross misconduct, Hearing procedure, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, LRA 1995, LRA 7: 112-184 Dispute, LRA 8a: 185-197B Dismissal, Misconduct & incapacity, Objective - correctness, Orders, Parties, Review tests, Rules Codes & Manual, Sectors, State organs, Stated case, 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,...

Privileged occasion not statement: Defamation proved

by GilesFiles | Apr 28, 2022 | 2020 onwards, Applications, Bill of Rights, Causes and defences, Costs, Courts, Declaratory, Delict, Dignity equality freedom, Evidence & onus, HC Uniform, High Court, High Court judges, Interpretation etc, Judges, Legal Practice, Legislation, Orders, Parties, Personal services, Private enterprises, Roman Dutch law, Rules Codes & Manual, Sectors, Special pleas, Stated case, 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,...

Deemed indefinite employees: Huge award set aside

by GilesFiles | Nov 14, 2019 | 2019, Awards -s145 see also Sidumo, Causes and defences, Collective Bargaining (LRL 5), Courts, Judges, Labour Court, Labour Court judges, Labour Relations, Legal Practice, LRA 1995, LRA 3: 11-63 Bargain, LRA 7: 112-184 Dispute, Practices (LRL 9), Review tests, Stated case, Statutes (LRL 2)-work, Thought Leaders, Topics, Work Science Institute | 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,...

Territorial jurisdiction considered: Identity of employer

by GilesFiles | Oct 31, 2019 | 2019, André van Niekerk, Applications, Costs, Courts, Declaratory, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, LRA 1995, LRA 7: 112-184 Dispute, Orders, Parties, Private enterprises, Review tests, Sectors, Special pleas, Stated case, 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,...

Unsold erven levies: Developer liable to HOA

by GilesFiles | Dec 10, 2015 | 2015, Applications, BC and HOAs, Community schemes, Courts, High Court, High Court judges, Interpretation etc, Judges, Legal Practice, Parties, Sectors, Stated case, Topics | 3 |

Sable Hills Waterfront Estate Home Owners’ Association NPC v Sable Hills Waterfront Estate CC (39635/2013) [2015] ZAGPPHC 831 (10 December 2015) per Fabricius J. The High Court found in favour of the Home Owners’...

Labour brokers: Deeming provision of LRA s198A-D

by GilesFiles | Sep 8, 2015 | 2015, Applications, Causes and defences, Courts, Deemed, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, LRA 1995, LRA 7: 112-184 Dispute, LRA 9: 198-213 General, Operation of law, Parties, philosophy / economics, Sectors, Stated case, Statutes (LRL 2)-work, Termination (LRL 8), TES - LRA 198, Thought Leaders, Topics | 7 |

Assign Services (Pty) Ltd v CCMA (Krost Shelving & Racking) (JR1230/15) [2015] ZALCJHB 283; [2015] 11 BLLR 1161; (2015) 36 ILJ 2852 (LC) (8 September 2015) per Brassey AJ. Labour brokers or temporary employment service...

Stated case essential: Absence of oral evidence

by GilesFiles | Apr 30, 2015 | 2015, Courts, Evidence & onus, H Rabkin-Naicker, Judges, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Parties, Practices (LRL 9), Review tests, State Owned Enterprises, Stated case, Suspensions, Topics | 2 |

SA Social Security Agency v Nehawu obo Punzi (C233/14) [2015] ZALCCT 35 ; (2015) ILJ 2345 ; [2015] JOL 33217 (30 April 2015) per Rabkin-Naicker J. A commissioner found that in terms of s 186(2) of the LRA 14 employees had been...

Category: Stated case