Category: issue estoppel

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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Insubstantial policy compliance: LRA s 189A(13) procedure

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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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Hate speech utterances: Equality court takes action

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Training course suspended: Contractual breach not proved

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Automatic business transfer: Effect of court order

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Agency by estoppel: Ostensible authority and prescription

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Destroy trust by dishonest or gross misconduct

The Labour Court reviewed and set aside an award that reinstated an employee after a purported settlement agreement had been concluded with the Municipal Manager.  Steenkamp J held that the municipal manager did not have the...

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Irregular appointment null: Void and no estoppel

The Labour Court refused the application after finding that the special plea relating to jurisdiction could not be upheld.  The applicant based her claim on s 77(3) of the BCEA and argued that she was entitled to an order...

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Collective agreement: LAC avoids advisory opinion

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