Category: Res judicata

Res judicata examined: Issue estoppel included

Ascendis Animal Health (Pty) Ltd v Merck Sharpe Dohme Corporation    Res judicata examined and Constitutional Court failed to achieve a majority decision which meant that the judgment of the high court was not overturned. ...

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Res judicata doctrine: Remitted to equality court

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Actionable causes considered: Nature and extent

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Special plea upheld: Res judicata accepted

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Hate speech utterances: Equality court takes action

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Charged convicted dismissed: Disputed settlement agreement

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Unsuccessfully pursuing unfairness: Cannot deny dismissal

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LRA purpose: Speedy dispute resolution

The Labour Court reviewed and set aside a CCMA ruling regarding lack of jurisdiction and applied the ‘correctness’ test.  The employee’s trade union representative suggested in an initial arbitration that the reason for the...

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Jurisdiction: alleged unfair demotion and res judicata

PSA obo Traut v Department of Correctional Services (Western Cape) (C927/2013) [2015] ZALCCT 6 ; [2015] 5 BLLR 526 (23 January 2015) per Rabkin-Naicker J. The Labour Court reviewed and set aside an award for lack of...

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