Category: Urgency

Bringing constitutional challenge: Specificity and clarity

Minister of Cooperative Governance & Traditional Affairs v De Beer Bringing constitutional challenge considered by SCA and in allowing the appeal it was stated in para [116] ‘The constitutional challenge made to the...

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Self-created urgency: Parallel processes decried

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Guarding consultation process: Collective agreement explained

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Conduct rule disputed: Bypassing Ombud?

Heathrow Property Holdings No 33 CC v Manhattan Place Body Corporate In considering a disputed conduct rule the high court decided that in ‘each instance a litigant will have to make out good cause for why a dispute which...

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Enforcing time limits: Rules and Practice Manual

K v CCMA (Hellpage Southern Africa) In enforcing time limits the labour court decided the applicant’s review application had been archived and had lapsed and the applicant had not applied for condonation, nor attempted to show...

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Prescribed minimum benefits: Cause of action lacking

Cassiem v Government Employees Medical Scheme Prescribed minimum benefits claimed again and high court decided that the ‘common thread that permeated through these various proceedings, is the contention by the applicants...

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Trade union usurpers: Non-joinder and urgency?

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Unlawful contractual repudiation: Indefinite term binding

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Alleged unlawful payments: Application refused

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Deactivating access cards: Unlawful management action

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Staying arbitration process: Exceptional circumstances

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Restraints unintended consequences: Enforceable and lawful?

Value Logistics Ltd v Kuhn Restraints can have unintended consequences and high court found that what distinguishes clause 23 from a covenant in restraint of trade in an employment contract is that the employee, without being a...

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