erroneously granted Archives

Quantifying back-pay: Material mistake

by GilesFiles | Jul 6, 2021 | 2020 +, 2020 +, appeal, Appeals, Capacity, Causes of action, Compensation, ConCourt judges, Constitutional Court, Courts, Dispute Resolution (LRL 3), erroneously granted, Evidence and onus, Factual disputes, Judges, Just and equitable relief, Labour Relations, Labour Relations Act 1995, Landmark judgments, leave to appeal, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, LRA Chpt: 8a: s185-197B Dismissals, Mining, Not awarded, Orders, Orders re costs, Parties, Private enterprises, Review tests, Sectors, Sidumo - reasonableness, Statutes (LRL 2) - work law, Statutory, Termination & dismissal (LRL 8), 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,...

Reinstatement effect considered: Reinstate and compensate?

by GilesFiles | Dec 11, 2020 | 2020 +, Acting LAC judges, appeal, Appeals, Awards -s145, Capacity, Compensation, Courts, Disallowed, Dispute Resolution (LRL 3), erroneously granted, Government, 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: 8a: s185-197B Dismissals, Orders, Organs of state, Parties, Provincial, Reinstatement, Review tests, Sectors, Sidumo - reasonableness, Statutes (LRL 2) - work law, Termination & dismissal (LRL 8), 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,...

Textbook evidence considered: Requirements not met

by GilesFiles | Jul 21, 2020 | 2020 +, Allowed, appeal, Appeals, Bill of Rights, Causes of action, ConCourt judges, Constitutional Court, Courts, erroneously granted, Evidence and onus, Evidentiary burden, Expert, General, Hearsay, Judges, Legal Practice, M Madlanga, New evidence, Onus of proof, Orders, Parties, Sectors, Topics | 0 |

Van der Walt v State Textbook evidence considered and decided that the applicant was ambushed by the late pronouncement on the admissibility of exhibits and rejected the argument that the evidence elicited through...

Strike ballot requirement: Strike not unprotected

by GilesFiles | Jun 25, 2020 | 2020 +, Acting LAC judges, Allowed, appeal, Appeals, Bill of Rights, Courts, Declaratory, Dispute Resolution (LRL 3), erroneously 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, 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,...

Juristic personality examined: Need to cite trustees?

by GilesFiles | Mar 25, 2020 | 2020 +, Allowed, appeal, Appeals, Associations & corporate bodies, Causes of action, Courts, erroneously granted, Exceptions/special pleas, General, irregular proceeding, Joinder of parties, Judges, Legal Practice, Orders, Parties, SCA judges, Sectors, Special pleas, Supreme Court of Appeal, Topics, Trustees | 0 |

Tusk Construction Support Services (Pty) Ltd v Independent Development Trust Juristic personality examined in some detail and SCA upheld the appeal and criticised the judge in the high court for not providing a proper reasoned...

Reinstatement order reversed: Appealing interim order

by GilesFiles | Jan 14, 2020 | 2020 +, Appeals, Causes of action, Courts, Dispute Resolution (LRL 3), erroneously granted, erroneously sought, High Court, High Court judges, Interdicts and rule nisi, Judges, Jurisdiction and powers, Labour Relations, Labour Relations Act 1995, Lawfulness, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, LRA Chpt: 8a: s185-197B Dismissals, occupational detriment, Orders, PA Meyer, Parties, Private enterprises, protected disclosure, Reinstatement, Sectors, Specific performance, Statutes (LRL 2) - work law, Termination & dismissal (LRL 8), Topics, Trust and confidence | 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,...

Unusual costs order: Successful legal practitioner

by GilesFiles | Dec 11, 2019 | 2019, Appointed LAC judges, Courts, Dispute Resolution (LRL 3), erroneously granted, Interpretation and application, Judges, Jurisdiction and powers, Just and equitable relief, 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, Orders, Orders re costs, Parties, Roland Sutherland, 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,...

Unduly formalistic approach: Gross irregularity

by GilesFiles | Nov 5, 2019 | 2019, Allowed, appeal, Appointed LAC judges, Awards -s145, Central, Condonation, Courts, Dispute Resolution (LRL 3), erroneously granted, Evidence and onus, Evidentiary burden, Factual disputes, Granted, Gross misconduct, Judges, Jurisdiction and powers, Labour Appeal Court, Labour Relations, Labour Relations Act 1995, LAC judges, LC Practice Manual, LC Rules, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, LRA Chpt: 8a: s185-197B Dismissals, Onus of proof, Orders, Orders re costs, P Coppin, Parties, Reinstatement, Review tests, Rules, Sectors, Sidumo - reasonableness, Statutes (LRL 2) - work law, Termination & dismissal (LRL 8), Topics, Valid reason and fair reason, 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,...

Default judgment rescinded: Reasonable prospects

by GilesFiles | Oct 25, 2019 | 2019, Acting LC judges, Courts, erroneously granted, Judges, Labour Court, Labour Court judges, Labour Relations, Labour Relations Act 1995, LC Practice Manual, LC Rules, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, Orders, Rescission, Rules, 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,...

Staying execution sale: Final or interim relief

by GilesFiles | Sep 19, 2019 | 2019, Causes of action, Courts, erroneously granted, High Court, High Court judges, Interdicts and rule nisi, Judges, Jurisdiction and powers, Legal Practice, Municipal, Parties, Pension & retirement funds, punitive costs, Sectors, Topics, Uniform High Court | 0 |

SA Municipal Workers’ Union National Provident Fund v Kopanong Local Municipality Staying execution sale was intended to be an interim order and the high court had no power to effectively create a contract for the parties...

Access to information: Members of health club

by GilesFiles | Feb 1, 2017 | 2017, Access to information, Causes of action, Courts, erroneously granted, High Court, High Court judges, Interpretation and application, Judges, Legal Practice, Legislation, Orders, Orders re costs, Parties, Private enterprises, Protection of Personal Information, Rescission, Sectors, Topics, Trust and confidence | 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,...

Interim restraint appealable: Momentous implications

by GilesFiles | Jul 21, 2016 | 2016, Allowed, appeal, Appeals, Applications, Bill of Rights, Causes of action, ConCourt judges, Constitutional Court, Courts, Dignity equality freedom, Edwin Cameron, erroneously granted, Interdicts and rule nisi, JC Froneman, Judges, Legal Practice, Municipal, Orders, Parties, Sectors, Topics | 0 |

Tshwane Metropolitan Municipality v Afriforum (157/15) [2016] ZACC 19 (21 July 2016) per Mogoeng CJ (Moseneke DCJ, Bosielo AJ, Jafta J, Khampepe J, Madlanga J, Mhlantla J, Nkabinde J and Zondo J concurring). Froneman and...

Category: erroneously granted