Just and equitable relief Archives

Quantifying back-pay: Material mistake

by GilesFiles | Jul 6, 2021 | 2020 +, 2020 +, appeal, Appeals, Cause: statute, Common Law, Compensation, ConCourt judges, Conduct or capacity, 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, 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,...

Collective misconduct reconsidered: Intended harm proved

by GilesFiles | Jun 23, 2021 | 2020 +, Acting LAC judges, appeal, Appeals, Cause: delict, Circumstantial, Common Law, Construction industry, Corroboration, Courts, Declaratory, Dispute Resolution (LRL 3), Evidence and onus, Gross misconduct, Interpretation and application, Judges, Just and equitable relief, Kate Savage, 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, LRA Chpt: 8a: s185-197B Dismissals, Orders, Parties, Power plays (LRL 6), Refused, Sectors, Statutes (LRL 2) - work law, Strike - unprotected, Summary - generally, Termination & dismissal (LRL 8), Topics, Totality, 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,...

Compensating procedural unfairness: Discretionary award

by GilesFiles | Jun 17, 2021 | 2020 +, 2020 +, appeal, Appeals, Bill of Rights, ConCourt judges, Constitutional Court, Courts, Dignity equality freedom, Dismissal generally, Dispute Resolution (LRL 3), Government, Gross misconduct, Interpretation and application, Judges, Jurisdiction and powers, Just and equitable relief, Labour Relations, Labour Relations Act 1995, Landmark judgments, Legal Practice, Legality principle, LRA Chpt: 7: s112-184 Dispute resolution, LRA Chpt: 8a: s185-197B Dismissals, Orders, Organs of state, Parties, Procedural issues, Provincial, Refused, 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,...

Post-retirement benefits: Discretionary policy or practice

by GilesFiles | Jun 2, 2021 | 2020 +, appeal, Appeals, Appointed LAC judges, Benefits - 186(2)(a), Courts, Declaratory, Dennis Davis, Dispute Resolution (LRL 3), Evidence and onus, Evidentiary burden, Granted, Judges, Just and equitable relief, Labour Appeal Court, Labour practices (LRL 9), Labour Relations, Labour Relations Act 1995, LAC judges, Legal Practice, Logistics, LRA Chpt: 7: s112-184 Dispute resolution, LRA Chpt: 8a: s185-197B Dismissals, LRA Chpt: 8b: s185-186(2) Labour practices, Onus of proof, Operational requirements-s189, Orders, Parties, Private enterprises, Sectors, Statutes (LRL 2) - work law, Termination & dismissal (LRL 8), Topics, Transport & communication | 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,...

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 & corporate bodies, 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...

Retrospective reinstatement ordered: Unacceptable delays

by GilesFiles | Dec 10, 2020 | 2020 +, appeal, Appeals, Appointed LAC judges, Awards -s145, Condonation, Courts, Declaratory, Dennis Davis, Dismissal generally, Dispute Resolution (LRL 3), Evidence and onus, Government, Granted, Granted, Interpretation and application, Invalid or unfair reason, Judges, Jurisdiction and powers, Just and equitable relief, Labour Appeal Court, Labour Relations, Labour Relations Act 1995, LAC judges, Lawfulness, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, LRA Chpt: 8a: s185-197B Dismissals, Municipal, Orders, Organs of state, Parties, Reinstatement, Review tests, Sectors, Sidumo - reasonableness, Statutes (LRL 2) - work law, Summary - generally, 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,...

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, 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,...

Category: Just and equitable relief