Interpretation and application Archives

Strike ballot requirement: Strike not unprotected

by GilesFiles | Jun 25, 2020 | 2020, 35 Manufacture of basic metals, Acting LAC judges, appeal, Appeals, Bill of Rights, Courts, Declaratory, Dispute Resolution (LRL 3), erroneously granted, Granted, Interpretation and application, John Murphy, Judges, Jurisdiction and powers, Labour Appeal Court, Labour Relations, Labour Relations Act 1995, LAC judges, Legal Practice, LRA Chpt: 4: s64-77 Strikes & lockouts, LRA Chpt: 7: s112-184 Dispute resolution, LRAA 8/18, Manufacturing, Objective or correct, Orders, Parties, Power plays (LRL 6), Review tests, Rules and practice manuals, Sectors, 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,...

Establishing court jurisdiction: Registered office or principal place?

by GilesFiles | May 19, 2020 | 2020, Applications, Cause: statute, Common Law, Companies Act 61 of 1973, Companies Act 71 of 2008, Courts, Declaratory, Exceptions/special pleas, High Court, High Court judges, Interpretation and application, Judges, Jurisdiction and powers, Legal Practice, Legislation, OL Rogers, Orders, Rules and practice manuals, Special pleas, Topics, Uniform High Court | 0 |

Mfwethu Investments CC v Citiq Meter Solutions (Pty) Ltd Establishing court jurisdiction requires proof that registered office falls within area after gathering information registered with the CIPC, rather than trying to prove...

Inherent job requirements: Firefighter incapacity

by GilesFiles | May 18, 2020 | 2020, 99 Service activities other, appeal, Appeals, Appointed LAC judges, Bill of Rights, Courts, Dennis Davis, Dignity equality freedom, Discrimination (LRL 11), Dispute Resolution (LRL 3), EEA Chpt II ss 5-11, Employment Equity (LRL 12), Employment Equity Act 1998, Government - municipal, Government: Municipal, 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, Orders, Parties, 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,...

Misappropriating company property: Abusing managerial powers

by GilesFiles | May 18, 2020 | 2020, 23 Mining gold & uranium, 24 Mining metal ores, appeal, Appeals, Appointed LAC judges, Awards -s145, Clear and convincing, Courts, Dispute Resolution (LRL 3), Evidence and onus, Granted, Gross misconduct, Interpretation and application, Judges, Labour Appeal Court, Labour Relations, Labour Relations Act 1995, LAC judges, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, LRA Chpt: 8a: s185-197B Dismissals, Misconduct generally, Orders, Parties, Private enterprises, Proof required, Review tests, Roland Sutherland, Sectors, Statutes (LRL 2) - work law, Termination & dismissal (LRL 8), Topics, Totality, Valid reason and fair reason | 0 |

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Business rescue plan: Unfair dismissal procedure?

by GilesFiles | May 8, 2020 | 2020, 73 Transport air, André van Niekerk, Applications, Appointed LC judges, Associations, Companies Act 71 of 2008, Courts, Declaratory, Dispute Resolution (LRL 3), Granted, Insights, Interdicts and rule nisi, Interpretation and application, Judges, Jurisdiction and powers, Labour Court, Labour court, Labour Court judges, Labour Relations, Labour Relations Act 1995, Legal Practice, Legislation, LRA Chpt: 7: s112-184 Dispute resolution, LRA Chpt: 8a: s185-197B Dismissals, Management, Markets in SA, Operational process -s189A(13), Operational reasons-189A, Orders, Parties, philosophy / economics, Procedural issues, Risks, Sectors, SOEs (State Owned Enterprises), Statutes (LRL 2) - work law, Termination & dismissal (LRL 8), 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,...

Prescription Act inapplicable: RAF claimants excluded

by GilesFiles | May 6, 2020 | 2020, 74 Transport supporting auxiliary, appeal, Appeals, Cause: delict, Cause: statute, Common Law, Consumer protection, Courts, DH Zondi, Exceptions/special pleas, Interpretation and application, Judges, Legal Practice, Legislation, Orders, Organs of state, Parties, prescription, Prescription Act 1969, Refused, SCA judges, Sectors, Supreme Court of Appeal, Topics, Transportation | 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,...

Summary judgment applications: New procedure considered

by GilesFiles | Apr 30, 2020 | 2020, A.G. Binns-Ward, Applications, Consumer protection, Courts, High Court, High Court judges, Interpretation and application, Judges, Jurisdiction and powers, Legal Practice, Rules and practice manuals, Topics, Uniform High Court | 0 |

Tumileng Trading CC v National Security and Fire (Pty) Ltd Summary judgment applications must comply with the amended Uniform Rule 32 which came into effect on 1 July 2019 but the high court doubted that any signal change has...

Covid-19 lawyers chastised: Deprived of fees

by GilesFiles | Apr 3, 2020 | 2020, 88 Business activities - other, 99 Service activities other, Cause: regulations, Cause: statute, Common Law, Courts, Covid-19 issues, De bonis propriis, Declaratory, High Court, High Court judges, Insights, Interpretation and application, irregular proceeding, Judges, Jurisdiction and powers, Legal Practice, Legal practitioners, Legislation, Orders, Orders re costs, Parties, philosophy / economics, Sectors, Topics | 0 |

Administrator of Dr J S Moroka Municipality v Kubheka COVID-19 Lawyers chastised for failing to produce the necessary permits ito the regulations and directives which caused the acting judge to deny them their fees and charges...

Adjudication before arbitration: Reviewing incomplete proceedings

by GilesFiles | Apr 2, 2020 | 2020, 50 Construction, appeal, Appeals, Attorney client scale, Cause: contractual breach, CHG van der Merwe, Common Law, Common law review, Courts, Exceptions/special pleas, Interpretation and application, irregular proceeding, Judges, Legal Practice, Orders, Orders re costs, Parties, Private arbitration, Private enterprises, Refused, Review tests, SCA judges, Sectors, Special pleas, Supreme Court of Appeal, Topics | 0 |

Ekurhuleni West College v Segal (Trencon Construction) Adjudication before arbitration is a speedy method of resolving disputes in the building and construction industry and what was formally known as ‘mediation’ is...

Unlawful proceeds forfeited: Constitution s25 property?

by GilesFiles | Mar 26, 2020 | 2020, 94 Community other social, 99 Service activities other, appeal, Appeals, Bill of Rights, CN Jafta, ConCourt judges, Constitutional Court, Consumer protection, Courts, Exceptions/special pleas, Granted, Interpretation and application, Judges, Jurisdiction and powers, Legal Practice, Legislation, Orders, Organs of state, Parties, Prevention and Combating of Corrupt Activities Act 12 of 2004, Prevention of Organised Crimes Act 121 of 1998, Sectors, set-off, Topics | 0 |

National Director of Public Prosecutions v Botha NO Unlawful proceeds forfeited unanimously but according to majority proceeds of unlawful activities do not constitute property as envisaged in section 25(1) of the Constitution....

Unlawful proceeds forfeited: Crime and proportionality

by GilesFiles | Mar 26, 2020 | 2020, 94 Community other social, 99 Service activities other, appeal, Appeals, Bill of Rights, ConCourt judges, Constitutional Court, Consumer protection, Courts, Exceptions/special pleas, Granted, Interpretation and application, JC Froneman, Judges, Jurisdiction and powers, Legal Practice, Legislation, M Victor, Orders, Organs of state, Parties, Prevention and Combating of Corrupt Activities Act 12 of 2004, Prevention of Organised Crimes Act 121 of 1998, Sectors, set-off, SV Khampepe, Topics | 0 |

National Director of Public Prosecutions v Botha NO Unlawful proceeds forfeited and if only R758 085 is forfeited the courts would, in effect, be giving “credit” for the fact that an attempt was made to cover up the original...

Business rescue ranking: Preference wage claims?

by GilesFiles | Mar 10, 2020 | 2020, 29 Mining incidental services, Applications, Cause: contractual breach, Cause: statute, Common Law, Courts, Declaratory, High Court, High Court judges, Interpretation and application, Judges, Jurisdiction and powers, Legal Practice, Manufacturing, Operation of law, Orders, Parties, Sectors, Severance forfeited, Termination & dismissal (LRL 8), 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,...

Category: Interpretation and application