Category: prescription

Date dispute arises: Ongoing cause of action

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Malicious proceedings claim: Prescribed cause of action?

Holden v Assmang Ltd SCA interpreted s12(1) of the Prescription Act and confirmed that a debt is only due, owing and payable and a complete cause of action was only acquired when the complaint of gross breach of professional...

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Prescription Act inapplicable: RAF claimants excluded

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Substantial damages awarded: Fixed-term salary

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Debt includes practice: Prescription Act applies to labour practices

Motsoaledi (Health department) v Mabuza Debt includes practice and so the Prescription Act applies to alleged unfair labour practices and application to council to certify award does not interrupt prescription. “The...

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Business not transferred: Claim also prescribed

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Prescribed dismissal claims: Prescription Act and LRA

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DCJ dissents again: Incompatibility Prescription Act and LRA

 Essence The DCJ dissents again, supported by the CJ and two other justices, and does not agree that a referral of an unfair dismissal dispute to the CCMA for conciliation is a process commencing legal proceedings....

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Malicious prosecution issues: Jurisdiction and prescription

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Withdrawing opposition: Effect on costs

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Unprotected strike dismissals: Arguments on appeal

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