Category: Evidence and onus

Staying award enforcement: Requirements considered

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Interrupting prescription considered: Contempt not proved

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Arbitration governing clauses: Licence agreements replaced

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]...

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

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...

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

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

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...

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Agency shop deductions: Bind minority union members

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Assessing mental health: Context of constructive dismissal

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Intolerable conduct or behaviour: Failure to complain

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Binding collective agreement: Workplace or bargaining unit?

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Land occupation issues: ESTA and PIE distinguished

Frannero Property Investments 202 (Pty) Ltd v Selapa In deciding occupation of land issues when are occupants covered by the Extension of Security of Tenure Act 62 of 1997 (ESTA)? “[24] Consistent with the basic common law...

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Deemed dismissal requirements: Automatic reinstatement

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