Just and equitable relief Archives

Developing common law: Paying in instalments?

by GilesFiles | Apr 1, 2021 | 2020 +, appeal, Appeals, Bill of Rights, Biowatch principle, Cause: general, Common Law, ConCourt judges, Constitutional Court, Courts, Declaratory, Exceptions/special pleas, Government, Granted, Interpretation and application, Judges, Jurisdiction and powers, Just and equitable relief, Legal Practice, Orders, Orders re costs, Organs of state, Parties, Provincial, Res judicata, Sectors, Topics | 0 |

MEC: Health, Gauteng Provincial Government v PN Developing common law in at least two respects considered by the constitutional court and allowed an appeal and decided that the power to develop the common law arose under...

Incompetent nullity declaration: Hate speech claim

by GilesFiles | Mar 24, 2021 | 2020 +, appeal, Appeals, Courts, Granted, Judges, Jurisdiction and powers, Just and equitable relief, Legal Practice, Orders, Parties, SCA judges, Supreme Court of Appeal, Topics, Trade unions | 0 |

Solidarity v Black First Land First (BLF) SCA made an incompetent nullity declaration anfter deciding that the high court should have taken time to consider Qwelane and rendered its judgment so as to decide the case and could...

Protecting judicial independence: Issue of gross misconduct

by GilesFiles | Jan 28, 2021 | 2020 +, Applications, Bill of Rights, Cause: general, Cause: statute, Common Law, Courts, Declaratory, Dunstan Mlambo, High Court, High Court judges, Interpretation and application, Judges, Jurisdiction and powers, Just and equitable relief, Legal Practice, Orders, Topics | 0 |

Freedom Under Law v Motata In dealing with protecting judicial independence the high court explained that definition of ‘service’ buttressed the underlying rationale that retirement cannot lead to loss by retired...

Just and equitable: Meaning in different contexts

by GilesFiles | Jan 8, 2021 | 2020 +, Applications, Associations, Cause: statute, Common Law, Community housing schemes, Courts, Declaratory, Evidence and onus, High Court, High Court judges, Judges, Just and equitable relief, Legal Practice, Legislation, Orders, Parties, Plascon-Evans rule, Sectors, Topics | 0 |

Dawson v Sidney on Vaal CPA Without reaching a decision or making a finding the high court pointed out that the applicant had failed to establish that it would be just and equitable to place the first respondent under the...

Accessing preserved evidence: Instituting legal proceedings

by GilesFiles | Oct 16, 2020 | 2020 +, Access to information, Anton Piller, Applications, Cause: general, Common Law, Courts, Declaratory, Evidence and onus, Finance, Granted, High Court, High Court judges, Interdicts and rule nisi, Judges, Jurisdiction and powers, Just and equitable relief, Legal Practice, New evidence, Orders, Parties, Personal services, Private enterprises, Protection of Personal Information, Rules and practice manuals, Sectors, Topics, Uniform High Court | 0 |

Cell C Ltd v MA Accessing preserved evidence allows a former employer to obtain the necessary evidence and proof to institute legal action against former employees who colluded in causing substantial prejudice to the employer...

Penalty stipulation enforced: Moderated and reduced

by GilesFiles | Sep 10, 2020 | 2020 +, Cause: contractual breach, Cause: statute, Common Law, Courts, Evidence and onus, High Court, High Court judges, Interpretation and application, Judges, Jurisdiction and powers, Just and equitable relief, Legal Practice, Orders, Organs of state, Parties, Personal services, Sectors, Statement of claim, 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,...

Gender discrimination considered: Female comparator

by GilesFiles | Sep 9, 2020 | CCMA awards, Compensation, Courts, Dispute Resolution (LRL 3), EEA 7 Factors, EEA Chpt II ss 5-11, Employment equity, Employment Equity Act 1998, Equal pay & value, Evidence and onus, Evidentiary burden, Government, Insights, Judges, Just and equitable relief, Labour Relations, Legal Practice, Municipal, Onus of proof, 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,...

Appointing facilitator considered: CCMA and consultation

by GilesFiles | Sep 2, 2020 | 2020 +, Applications, Appointed LC judges, Courts, Dispute Resolution (LRL 3), Edwin Tlhotlhalemaje, Judges, Jurisdiction and powers, Just and equitable relief, Labour Court, Labour Court judges, Labour Relations, Labour Relations Act 1995, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, LRA Chpt: 8a: s185-197B Dismissals, LRA Chpt: 8a: s189 and 189A see Termination, Operational process -s189A(13), Orders, Parties, Private enterprises, Sectors, 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,...

Distribution centre closed: Unfair dismissal procedure

by GilesFiles | Jul 31, 2020 | 2020 +, Applications, Appointed LC judges, Compensation, Courts, Dispute Resolution (LRL 3), Judges, Jurisdiction and powers, Just and equitable relief, Labour Court, Labour Court judges, Labour Relations, Labour Relations Act 1995, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, LRA Chpt: 8a: s185-197B Dismissals, Operational process -s189A(13), Operational requirements-s189, Orders, Parties, Private enterprises, Procedural issues, Sectors, Statutes (LRL 2) - work law, Termination & dismissal (LRL 8), Topics, Trade, 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,...

Suspension without pay: Unfair conduct compensated

by GilesFiles | Jul 15, 2020 | 2020 +, Acting LC judges, Awards -s145, Courts, Dispute Resolution (LRL 3), Judges, Just and equitable relief, Labour Court, Labour Court judges, Labour practices (LRL 9), Labour Relations, Labour Relations Act 1995, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, LRA Chpt: 8b: s185-186(2) Labour practices, Orders, Parties, Review tests, Sectors, Sidumo - reasonableness, Statutes (LRL 2) - work law, Suspensions - 186(2)(b), 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,...

Incompatibility or incapacity: Procedural unfairness compensated

by GilesFiles | Feb 11, 2020 | 2020 +, Acting LAC judges, appeal, Appeals, Compensation, Courts, Dispute Resolution (LRL 3), Granted, Incompatibility, John Murphy, Judges, 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, Operational requirements-s189, Orders, Orders re costs, Parties, Private enterprises, Procedural issues, Sectors, Statutes (LRL 2) - work law, Termination & dismissal (LRL 8), Topics | 0 |

Zeda Car Leasing (Pty) Ltd t/a Avis Fleet v Van Dyk Incompatibility or incapacity a valid and fair reason to dismiss but when employer contemplated dismissal based on operational requirements it was unfair not to follow a...

Counterclaim damages awarded: Unprotected strike

by GilesFiles | Jan 23, 2020 | 2020 +, Acting LC judges, Adverse inferences, Applications, BCEA 1997, BCEA 77(3) and 77A(e), Cause: contractual breach, Cause: delict, Cause: statute, Codes of good practice, Collective Bargaining (LRL 5), Common Law, Compensation, Courts, Declaratory, Dismissals see also Termination, Dispute Resolution (LRL 3), Evidence and onus, Interpretation and application, Judges, Jurisdiction and powers, Just and equitable relief, 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, LRA Chpt: 8a: s185-197B Dismissals, Orders, Orders re costs, Parties, Power plays (LRL 6), Sectors, Statement of claim, Statutes (LRL 2) - work law, Strike - unprotected, Strike related, Termination & dismissal (LRL 8), Topics, Trade unions, Valid reason and fair reason | 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: Just and equitable relief