Orders re costs Archives

Trustees instituting action: Must use Ombud service

by GilesFiles | May 26, 2022 | 2020 +, Applications, Awarded, Biowatch principle, Body corporates, Causes of action, Community housing schemes, Courts, High Court, High Court judges, Interdicts and rule nisi, Judges, Jurisdiction and powers, Just and equitable relief, Legal Practice, Legislation, MR (management), Orders, Orders re costs, Parties, Sectors, Statutory, 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,...

Staying award enforcement: Requirements considered

by GilesFiles | May 25, 2022 | 2020 +, Applications, Appointed LC judges, Causes of action, Courts, Declaratory, Dispute Resolution (LRL 3), Evidence and onus, Evidentiary burden, GN Moshoana, Interdicts and rule nisi, interpleader proceedings, Interpretation and application, Judges, Jurisdiction and powers, Labour Court, Labour Court judges, Labour practices (LRL 9), Labour Relations, Labour Relations Act 1995, LC Rules, Legal Practice, Logistics, LRA Chpt: 7: s112-184 Dispute resolution, Manufacturing, Not awarded, Orders, Orders re costs, Parties, Private enterprises, Review tests, Rules, Sectors, Statutes (LRL 2) - work law, Statutory, staying proceedings and execution, Suspensions - 186(2)(b), Topics, Uniform High Court, 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,...

Interrupting prescription considered: Contempt not proved

by GilesFiles | May 20, 2022 | 2020 +, Applications, Appointed LC judges, Causes of action, Central, Contempt of court, Courts, Declaratory, Dispute Resolution (LRL 3), Evidence and onus, Exceptions/special pleas, Factual disputes, Government, H Rabkin-Naicker, Interpretation and application, Judges, Jurisdiction and powers, Labour Court, Labour Court judges, Labour Relations, Labour Relations Act 1995, Legal Practice, Legislation, LRA Chpt: 7: s112-184 Dispute resolution, Not awarded, Orders, Orders re costs, Organs of state, Parties, prescription, Rules, Sectors, Special pleas, Statutes (LRL 2) - work law, 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,...

Arbitration governing clauses: Licence agreements replaced

by GilesFiles | May 17, 2022 | 2020 +, appeal, Appeals, Arbitration agreement, Awarded, Causes of action, Contractual breach, Courts, Declaratory, Disallowed, Endumeni Municipality case, Evidence and onus, Exceptions/special pleas, Interpretation and application, Judges, Jurisdiction and powers, Legal Practice, Legislation, Logistics, Orders, Orders re costs, Parties, Private enterprises, SCA judges, Sectors, Supreme Court of Appeal, Topics | 0 |

Tee Que Trading Services (Pty) Ltd v Oracle Corporation SA (Pty) Ltd Is there a discretion to refuse to stay action proceedings when there are clauses governing and providing for arbitration to resolve all disputes? “[36]...

Access to information ordered: Section 78(2)(d)(i) of PAIA

by GilesFiles | May 16, 2022 | 2020 +, Access to information, Applications, Awarded, Causes of action, Courts, Declaratory, Evidence and onus, Exceptions/special pleas, High Court, High Court judges, Interpretation and application, Judges, Jurisdiction and powers, Legal Practice, Legislation, Orders, Orders re costs, Parties, Personal services, Private enterprises, Protection of Personal Information, Sectors, Special pleas, Specific performance, Statutory, Topics | 0 |

Goosen-Joubert v Women4Women NPC Why was access to information ordered by the high court and what were the reasons for making that order? “[73] In my view, the applicant has made out a proper case that entitles her to the...

Jurisdiction to arbitrate dispute: LRA 186(2)(a) re benefits

by GilesFiles | May 11, 2022 | 2020 +, Applications, Appointed LC judges, BCEA 1997, Benefits - 186(2)(a), Causes of action, Courts, Declaratory, Dispute Resolution (LRL 3), Electricity, Evidence and onus, Interpretation and application, Judges, Jurisdiction and powers, Labour Court, Labour Court judges, Labour practices (LRL 9), Labour Relations, Labour Relations Act 1995, Legal Practice, Legislation, LRA Chpt: 7: s112-184 Dispute resolution, LRA Chpt: 8b: s185-186(2) Labour practices, MZN Lallie, Not awarded, Objective or correct, Orders, Orders re costs, Parties, Review tests, Rules, Rulings - s158(1)(g), Sectors, SOEs (State Owned Enterprises), Statutes (LRL 2) - work law, 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,...

Retrospective reinstatement ordered: Assess independently?

by GilesFiles | May 10, 2022 | 2020 +, Acting LAC judges, Allowed, appeal, Appeals, Awards -s145, Courts, Declaratory, Dismissal generally, Dispute Resolution (LRL 3), Interpretation and application, Judges, Jurisdiction and powers, Just and equitable relief, Labour Appeal Court, Labour Relations, Labour Relations Act 1995, LAC judges, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, Not awarded, Orders, Orders re costs, Parties, Procedural issues, Review tests, Rules, Sectors, Sidumo - reasonableness, Statutes (LRL 2) - work law, Termination & dismissal (LRL 8), Topics, Trust and 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,...

Service level agreement: Taking over other employees

by GilesFiles | May 9, 2022 | 2020 +, André van Niekerk, Applications, Appointed LC judges, Awarded, Business transfers, Causes of action, Courts, Declaratory, deeming provision, Dispute Resolution (LRL 3), Interpretation and application, Judges, Labour Court, Labour Court judges, Labour Relations, Labour Relations Act 1995, Legal Practice, Logistics, LRA Chpt: 7: s112-184 Dispute resolution, Operation of law, Orders, Orders re costs, Parties, Private enterprises, Rules, Sectors, Statutes (LRL 2) - work law, Statutory, Termination & dismissal (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,...

Normal retirement age: Fair dismissal ito LRA s187(2)(b)?

by GilesFiles | May 9, 2022 | 2020 +, Applications, Appointed LC judges, Automatically unfair - s187, Basic Conditions (LRL 10), BCEA 1997, BCEA 77(3) and 77A(e), Bill of Rights, Causes of action, Central, Contractual breach, Courts, Declaratory, deeming provision, Dignity equality freedom, Discrimination (LRL 11), Dispute Resolution (LRL 3), EEA Chpt II ss 5-11, Employment Equity (LRL 12), Employment Equity Act 1998, Endumeni Municipality case, Evidence and onus, Exceptions/special pleas, Government, Holistic evaluation, Interpretation and application, Invalid or unfair reason, Judges, Labour Court, Labour Court judges, Labour Relations, Labour Relations Act 1995, Lawfulness, Legal Practice, Legislation, LRA Chpt: 7: s112-184 Dispute resolution, LRA Chpt: 8a: s185-197B Dismissals, MPN Nkutha-Nkontwana, Not awarded, Operation of law, Orders, Orders re costs, Organs of state, Parties, Provisos, Retirement age, Roman Dutch law principles, Sectors, Severance forfeited, Statement of claim, Statutes (LRL 2) - work law, Statutory, Summary - generally, Termination & dismissal (LRL 8), Topics | 0 |

Solidarity obo Strydom v State Information Technology Agency SOC Ltd With regard to a normal or agreed retirement age how can an exception or proviso ever cancel out a constitutional right not to be discriminated against solely...

Agency shop deductions: Bind minority union members

by GilesFiles | May 9, 2022 | 2020 +, Applications, Appointed LC judges, Awards -s145, BM Whitcher, Causes of action, Courts, Dispute Resolution (LRL 3), Employment Relations (LRL 1), Evidence and onus, Judges, Labour Court, Labour Court judges, Labour Relations, Labour Relations Act 1995, Legal Practice, LRA Chpt: 3: s11-63 Collective Bargaining, LRA Chpt: 6: s95-111 Unions and Organisations, LRA Chpt: 7: s112-184 Dispute resolution, Manufacturing, Orders, Orders re costs, Organisations (LRL 4), Parties, Private enterprises, Review tests, Rules, Sectors, Statutes (LRL 2) - work law, Statutory, Topics, Trade unions | 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,...

Sale not transfer agreement: LRA s197 jurisdiction lacking

by GilesFiles | May 9, 2022 | 2020 +, Applications, Appointed LC judges, BCEA 1997, BCEA 77(3) and 77A(e), Business transfers, Causes of action, Courts, Declaratory, Dispute Resolution (LRL 3), Exceptions/special pleas, Interpretation and application, Judges, Jurisdiction and powers, Labour Court, Labour Court judges, Labour Relations, Labour Relations Act 1995, Legal Practice, Legality principle, LRA Chpt: 7: s112-184 Dispute resolution, Not awarded, Orders, Orders re costs, Parties, Personal services, Private enterprises, Review tests, RGO Lagrange, Rules, Sectors, Special pleas, Statutes (LRL 2) - work law, Statutory, Termination & dismissal (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,...

Selection criteria considered: Inclusion of transformation

by GilesFiles | May 6, 2022 | 2020 +, Affirmative action, appeal, Appeals, ConCourt judges, Constitutional Court, Courts, Declaratory, Disallowed, Dismissal generally, Dispute Resolution (LRL 3), Employment equity, Interpretation and application, Judges, Jurisdiction and powers, Labour Relations, Labour Relations Act 1995, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, Manufacturing, Not awarded, Operational process -s189A(13), Operational reasons-189A, Orders, Orders re costs, Parties, Performance related, Private enterprises, Sectors, Statutes (LRL 2) - work law, Termination & dismissal (LRL 8), Topics, Valid reason and fair reason | 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: Orders re costs