Factual disputes Archives

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,...

Constitution compliance accepted: Lawful & interdict refused

by GilesFiles | Mar 18, 2022 | 2020 +, Applications, Appointed LC judges, Causes of action, Contractual breach, Courts, Declaratory, Dispute Resolution (LRL 3), Evidence and onus, Exceptions/special pleas, Factual disputes, GN Moshoana, Interdicts and rule nisi, Interpretation and application, Judges, Jurisdiction and powers, Labour Court, Labour Court judges, Labour Relations, Labour Relations Act 1995, Legal Practice, Legislation, LRA Chpt: 6: s95-111 Unions and Organisations, LRA Chpt: 7: s112-184 Dispute resolution, Not awarded, Orders, Orders re costs, Organisations (LRL 4), Parties, Personal services, Plascon-Evans rule, Refused, Rules, Sectors, Special pleas, Statutes (LRL 2) - work law, Statutory, Topics, Trade unions, 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,...

Determining remuneration package: NMWA and commission

by GilesFiles | Mar 15, 2022 | 2020 +, Acting LC judges, Awards -s145, Basic Conditions (LRL 10), BCEA 1997, Causes of action, Courts, Declaratory, Dispute Resolution (LRL 3), Evidence and onus, Factual disputes, Finance, 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, Management, Objective or correct, Orders, Orders re costs, Parties, Policies - strategies - tactics, Private enterprises, Regulations, Remuneration, Review tests, Sectors, 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,...

Linking unlawful strikers: Necessary to obtain interdict

by GilesFiles | Mar 1, 2022 | 2020 +, Agriculture, Allowed, appeal, Appeals, Bill of Rights, Causes of action, Cautionary rule, Circumstantial, Clear and convincing, Collective Bargaining (LRL 5), ConCourt judges, Constitutional Court, Courts, Declaratory, Delict, Dispute Resolution (LRL 3), Evidence and onus, Evidentiary burden, Exceptions/special pleas, Factual disputes, Granted, Interdicts and rule nisi, Judges, L Theron, Labour Relations, Labour Relations Act 1995, Legal Practice, Legality principle, LRA Chpt: 4: s64-77 Strikes & lockouts, LRA Chpt: 7: s112-184 Dispute resolution, Not awarded, Orders, Orders re costs, Parties, Picketing, Plascon-Evans rule, Power plays (LRL 6), Private enterprises, Refused, Review tests, Roman Dutch law principles, Sectors, Special pleas, Statutes (LRL 2) - work law, Strike - protected, 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,...

Unlawful collective agreement: Unenforceable as invalid

by GilesFiles | Feb 28, 2022 | 2020 +, 2020 +, appeal, Appeals, Bill of Rights, Causes of action, Central, Collective Bargaining (LRL 5), ConCourt judges, Constitutional Court, Contractual breach, Courts, Declaratory, Disallowed, Dispute Resolution (LRL 3), Evidence and onus, Exceptions/special pleas, Factual disputes, Government, Judges, Labour Relations, Labour Relations Act 1995, Landmark judgments, Legal Practice, Legality principle, Legislation, LRA Chpt: 3: s11-63 Collective Bargaining, LRA Chpt: 7: s112-184 Dispute resolution, Not awarded, Orders, Orders re costs, Organs of state, Parties, Review tests, Sectors, Special pleas, Statutes (LRL 2) - work law, 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,...

Upholding exception to claim: Insufficient factual allegations

by GilesFiles | Jan 25, 2022 | 2020 +, Amending pleadings, Applications, Causes of action, Contractual breach, Courts, Declaratory, Evidence and onus, Exceptions/special pleas, Factual disputes, High Court, High Court judges, Interpretation and application, Judges, Legal Practice, Logistics, Orders, Orders re costs, Parties, Private enterprises, Rules, Sectors, Special pleas, Topics, Uniform High Court | 0 |

Business Connection (Pty) Ltd v Buffalo City Metropolitan Municipality Upholding exception to claim and high court confirmed that if the exception relates to particulars of claim failing to disclose a cause of action, the test...

Post-Traumatic Stress Disorder: Awarding percentage power

by GilesFiles | Jan 25, 2022 | 2020 +, appeal, Appeals, Awarded, Causes of action, Central, Common law review, Courts, Declaratory, Disallowed, Evidence and onus, Factual disputes, Government, High Court, High Court judges, Interpretation and application, Judges, Legal Practice, Legislation, Orders, Orders re costs, Organs of state, Parties, Review tests, Sectors, Special pleas, 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,...

Condoning late statement: Principles considered and applied

by GilesFiles | Oct 27, 2021 | 2020 +, Acting LAC judges, appeal, Appeals, Condonation, Courts, Disallowed, Dispute Resolution (LRL 3), Evidence and onus, Factual disputes, Granted, Interpretation and application, Judges, Jurisdiction and powers, Labour Appeal Court, Labour Relations, Labour Relations Act 1995, LAC judges, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, Manufacturing, Not awarded, Orders, Orders re costs, Parties, Private enterprises, Review tests, Rulings - s158(1)(g), Sectors, Statutes (LRL 2) - work law, 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,...

Delaying contempt proceedings: No wilful default

by GilesFiles | Sep 8, 2021 | 2020 +, Applications, Appointed LC judges, Contempt of court, Courts, Dispute Resolution (LRL 3), Evidence and onus, Exceptions/special pleas, Factual disputes, Interpretation and application, Judges, Labour Court, Labour Court judges, Labour Relations, Labour Relations Act 1995, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, Manufacturing, Onus of proof, Orders, Orders re costs, Parties, Plascon-Evans rule, Private enterprises, Rules, Sectors, Special pleas, Statutes (LRL 2) - work law, Topics, Trade unions, Zungu doctrine | 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,...

Failing to prove damages: Absolution from instance

by GilesFiles | Sep 2, 2021 | 2020 +, absolution from instance, Allowed, appeal, Appeals, Causes of action, Contractual breach, Courts, Evidence and onus, Exceptions/special pleas, Factual disputes, General, Hearsay, High Court, High Court judges, Interpretation and application, Judges, Jurisdiction and powers, Legal Practice, Legislation, Logistics, Onus of proof, Orders, Parties, Private enterprises, Roman Dutch law principles, Sectors, Special pleas, Topics | 0 |

Tradevest 041 (Pty) Ltd t/a Tradevest Logistics v Banzi Trade 40 CC Failing to prove damages meant that the high court found that the evidence was simply not of a satisfactory or persuasive standard and decided that the regional...

Advocate fees liability: Attorney must pay fees

by GilesFiles | Sep 2, 2021 | 2020 +, Applications, Causes of action, Contractual breach, Courts, Declaratory, Evidence and onus, Exceptions/special pleas, Factual disputes, General, High Court, High Court judges, Interpretation and application, Judges, Legal Practice, Legal practitioners, Orders, Orders re costs, PA Meyer, Parties, Personal services, Roman Dutch law principles, Rules, Sectors, Special pleas, Statement of claim, Topics, Uniform High Court | 0 |

Solomon SC v Junkeeparsad Regarding liability for advocates fees the high court confirmed that the attorney may legally be sued personally and a judgment can legally be entered against him because he instructed counsel as...

Disputed settlement agreement: Proposal of values

by GilesFiles | Aug 16, 2021 | 2020 +, Agriculture, Applications, Appointed LC judges, Causes of action, Contractual breach, Courts, Declaratory, Dispute Resolution (LRL 3), Evidence and onus, Exceptions/special pleas, Factual disputes, Holistic evaluation, Interpretation and application, Judges, Jurisdiction and powers, Labour Court, Labour Court judges, Labour Relations, Labour Relations Act 1995, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, Orders, Orders re costs, Parties, Private enterprises, Roman Dutch law principles, Rules, Sectors, Special pleas, Statutes (LRL 2) - work law, 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: Factual disputes