Interpretation and application Archives

High court proceedings: Pleadings joinder costs

by GilesFiles | Nov 29, 2021 | 2020 +, amicus curiae, Applications, Cause: general, Common Law, Courts, Declaratory, Endumeni Municipality case, Evidence and onus, Exceptions/special pleas, High Court, High Court judges, Interpretation and application, irregular proceeding, Joinder of parties, Judges, Legal Practice, Orders, Orders re costs, Parties, Plascon-Evans rule, Private enterprises, Rules, Sectors, Special pleas, Topics, Uniform High Court | 0 |

Hlophe JP v Freedom Under Law In considering the nature and effect of proceedings in the high court a full bench confirmed that in none of the cited judgments is an affidavit equated to a pleading. “The common thread...

Unlawfully elected president: Declaratory order granted

by GilesFiles | Nov 22, 2021 | 2020 +, Acting LC judges, Applications, Cause: contractual breach, Cause: statute, Common Law, Courts, Declaratory, Dispute Resolution (LRL 3), Exceptions/special pleas, Interpretation and application, Judges, Jurisdiction and powers, Labour Court, Labour Court judges, Labour Relations, Labour Relations Act 1995, Legal Practice, LRA Chpt: 6: s95-111 Unions and Organisations, LRA Chpt: 7: s112-184 Dispute resolution, Mining, Orders, Organisations (LRL 4), Parties, 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,...

Employment jurisdictional issues: Unfair labour practices

by GilesFiles | Nov 17, 2021 | 2020 +, appeal, Appeals, Applications, BCEA 77(3) and 77A(e), Cause: general, Cause: statute, Central, Common Law, Courts, Declaratory, Dispute Resolution (LRL 3), Evidence and onus, Exceptions/special pleas, Government, Granted, Interpretation and application, Judges, Jurisdiction and powers, Labour Relations, Labour Relations Act 1995, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, LRA Chpt: 8b: s185-186(2) Labour practices, Onus of proof, Orders, Orders re costs, Organs of state, Parties, SCA judges, Sectors, Special pleas, Statutes (LRL 2) - work law, Supreme Court of Appeal, Topics | 0 |

NPA v Psa obo Meintjies and 55 others Employment jurisdictional issues considered by the SCA and the majority judgment concluded that “the high court did not have jurisdiction to hear the matter. It had no power or...

Disclosing taxpayer information: Balancing conflicting interests

by GilesFiles | Nov 16, 2021 | 2020 +, Access to information, Applications, Bill of Rights, Central, Common law review, Courts, Declaratory, Exceptions/special pleas, Government, High Court, High Court judges, Interpretation and application, Judges, Jurisdiction and powers, Legal Practice, Legality principle, Legislation, Orders, Orders re costs, Organs of state, PAJA 2000, Parties, Protection of Personal Information, Review tests, Sectors, Special pleas, Specific performance, Topics | 0 |

Arena Holdings (Pty) Ltd v SARS (Jacob Zuma) High court dealt with a dispute concerning disclosing taxpayer information and ordered SARS to disclose the tax returns of the former president for the 2010 to 2018 tax years after...

Assessing secondary strikes: Lawful and proportional

by GilesFiles | Nov 12, 2021 | 2020 +, appeal, Appeals, Bill of Rights, Collective agreements, Collective Bargaining (LRL 5), ConCourt judges, Constitutional Court, Courts, Declaratory, Dhaya Pillay, Dispute Resolution (LRL 3), Exceptions/special pleas, Interpretation and application, Judges, Jurisdiction and powers, L Theron, Labour practices (LRL 9), Labour Relations, Labour Relations Act 1995, Legal Practice, LRA Chpt: 3: s11-63 Collective Bargaining, LRA Chpt: 4: s64-77 Strikes & lockouts, LRA Chpt: 7: s112-184 Dispute resolution, Mining, Mootness, Orders, Orders re costs, Parties, Power plays (LRL 6), Refused, Sectors, Statutes (LRL 2) - work law, Strike - secondary, 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,...

Subsidiarity principle considered: Interests of justice

by GilesFiles | Nov 12, 2021 | 2020 +, appeal, Appeals, Cause: delict, Central, Common Law, ConCourt judges, Constitutional Court, Courts, Dispute Resolution (LRL 3), Exceptions/special pleas, Government, Interpretation and application, Judges, Jurisdiction and powers, Labour Relations, Labour Relations Act 1995, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, Orders, Orders re costs, Organs of state, Parties, Refused, 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,...

Breaching collective agreement: Unprotected strike action

by GilesFiles | Nov 8, 2021 | 2020 +, Applications, Appointed LC judges, Cause: statute, Collective Bargaining (LRL 5), Common Law, Courts, Declaratory, Dispute Resolution (LRL 3), Granted, Interdicts and rule nisi, Interpretation and application, Judges, Jurisdiction and powers, Labour Court, Labour Court judges, Labour Relations, Labour Relations Act 1995, Legal Practice, LRA Chpt: 4: s64-77 Strikes & lockouts, LRA Chpt: 7: s112-184 Dispute resolution, Manufacturing, Not awarded, Orders, Orders re costs, Parties, Power plays (LRL 6), Private enterprises, Review tests, Rules, Sectors, Statutes (LRL 2) - work law, Strike - unprotected, 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,...

Operational requirements termination: Pleadings and minute

by GilesFiles | Nov 8, 2021 | 2020 +, Appointed LC judges, Courts, Declaratory, Dispute Resolution (LRL 3), Evidence and onus, Evidentiary burden, Interpretation and application, Judges, Labour Court, Labour Court judges, Labour Relations, Labour Relations Act 1995, Legal Practice, Logistics, LRA Chpt: 7: s112-184 Dispute resolution, LRA Chpt: 8a: s185-197B Dismissals, Operational requirements-s189, Orders, Orders re costs, Parties, Private enterprises, punitive costs, Rules, Sectors, Statutes (LRL 2) - work law, Termination & dismissal (LRL 8), 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,...

Condoning late application: Delay and good cause

by GilesFiles | Nov 3, 2021 | 2020 +, appeal, Appeals, Appointed LAC judges, Cause: contractual breach, Cause: statute, Central, Common Law, Courts, Dispute Resolution (LRL 3), Exceptions/special pleas, Government, 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, LRA Chpt: 8b: s185-186(2) Labour practices, Not awarded, Objective or correct, Orders, Orders re costs, Organs of state, Parties, prescription, Res judicata (issue estoppel), Review tests, Sectors, 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,...

Class action appeal: High court refuses leave

by GilesFiles | Nov 3, 2021 | 2020 +, appeal, Applications, Cause: statute, Common Law, Courts, Finance, High Court, High Court judges, Interpretation and application, Judges, Jurisdiction and powers, leave to appeal, Legal Practice, Non-profit organisations, Orders, Orders re costs, Parties, Refused, Sectors, Topics, Universities and schools | 0 |

Stellenbosch University Law Clinic v Lifestyle Direct Group International (Pty) Ltd High court refused leave to appeal in class action application and concluded that the interests-of-justice consideration which underpins s173 of...

Overturning condonation ruling: Interests of justice

by GilesFiles | Nov 2, 2021 | 2020 +, Acting LAC judges, appeal, Appeals, Condonation, Courts, Dispute Resolution (LRL 3), Granted, Granted, Interpretation and application, Judges, Labour Appeal Court, Labour Relations, Labour Relations Act 1995, LAC judges, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, Mining, Not awarded, Orders, Orders re costs, Parties, Review tests, Rules, Sectors, 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,...

Condoning late statement: Principles considered and applied

by GilesFiles | Oct 27, 2021 | 2020 +, Acting LAC judges, appeal, Appeals, Condonation, Courts, 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, Refused, 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,...

Category: Interpretation and application