Disallowed Archives

Arbitration governing clauses: Licence agreements replaced

by GilesFiles | May 17, 2022 | 2020 +, appeal, Appeals, Arbitration agreement, Awarded, Causes of action, Contractual breach, Courts, Declaratory, Disallowed, Endumeni Municipality case, Evidence and onus, Exceptions/special pleas, Interpretation and application, Judges, Jurisdiction and powers, Legal Practice, Legislation, Logistics, Orders, Orders re costs, Parties, Private enterprises, SCA judges, Sectors, Supreme Court of Appeal, Topics | 0 |

Tee Que Trading Services (Pty) Ltd v Oracle Corporation SA (Pty) Ltd Is there a discretion to refuse to stay action proceedings when there are clauses governing and providing for arbitration to resolve all disputes? “[36]...

Selection criteria considered: Inclusion of transformation

by GilesFiles | May 6, 2022 | 2020 +, Affirmative action, appeal, Appeals, ConCourt judges, Constitutional Court, Courts, Declaratory, Disallowed, Dismissal generally, Dispute Resolution (LRL 3), Employment equity, Interpretation and application, Judges, Jurisdiction and powers, Labour Relations, Labour Relations Act 1995, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, Manufacturing, Not awarded, Operational process -s189A(13), Operational reasons-189A, Orders, Orders re costs, Parties, Performance related, Private enterprises, Sectors, Statutes (LRL 2) - work law, Termination & dismissal (LRL 8), Topics, 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,...

Respecting residential rights: ESTA and representations

by GilesFiles | Apr 4, 2022 | 2020 +, Agriculture, Allowed, Appeals, Bill of Rights, Causes of action, Courts, Declaratory, Dignity equality freedom, Disallowed, Dispute Resolution (LRL 3), Interpretation and application, Judges, Labour Relations, Legal Practice, Legislation, Not awarded, Orders, Orders re costs, Parties, Private enterprises, SCA judges, Sectors, Statutory, Supreme Court of Appeal, Topics | 0 |

Maluleke NO v Sibanyoni In the context of respecting residential rights is it just and equitable to evict an occupier of rural land without inviting representations? “[27] The failure by the Trust to provide Mr Sibanyoni...

Awarding land ordered: Labour tenant farmworker

by GilesFiles | Mar 24, 2022 | 2020 +, Agriculture, appeal, Appeals, Causes of action, Courts, Declaratory, Disallowed, Dispute Resolution (LRL 3), Evidence and onus, Interpretation and application, Judges, Jurisdiction and powers, Labour Relations, Labour Relations Act 1995, Legal Practice, Legislation, LRA Chpt: 7: s112-184 Dispute resolution, Not awarded, Orders, Orders re costs, Parties, Private enterprises, SCA judges, Sectors, Specific performance, Statutes (LRL 2) - work law, Statutory, Supreme Court of Appeal, 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,...

Genuine meaningful consultation: Consider alternatives

by GilesFiles | Mar 16, 2022 | 2020 +, Acting LAC judges, appeal, Appeals, Courts, Disallowed, Dispute Resolution (LRL 3), Judges, Kate Savage, 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, LRA Chpt: 8a: s189 and 189A see Termination, Not awarded, Operational requirements-s189, Orders, Orders re costs, Parties, Personal services, Private enterprises, Procedural issues, 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,...

Refunding contributions considered: Disallowed appeal

by GilesFiles | Mar 14, 2022 | 2020 +, appeal, Appeals, Causes of action, Central, ConCourt judges, Constitutional Court, Courts, Disallowed, Government, High Court judges, Interpretation and application, Judges, Legal Practice, Legislation, Not awarded, OL Rogers, Orders, Orders re costs, Parties, Pension & retirement funds, Sectors, Statutory, 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,...

Translating grade posts: Relevant experience considered

by GilesFiles | Mar 10, 2022 | 2020 +, Acting LAC judges, appeal, Appeals, Awards -s145, Causes of action, Courts, Disallowed, Dispute Resolution (LRL 3), Employment equity, Equal pay & value, Evidence and onus, Exceptions/special pleas, Government, Inherent requirements, Insights, Interpretation and application, Judges, Kate Savage, Labour Appeal Court, Labour Relations, Labour Relations Act 1995, LAC judges, Legal Practice, Legislation, LRA Chpt: 7: s112-184 Dispute resolution, Not awarded, Orders, Orders re costs, Organs of state, Parties, Provincial, Review tests, Rules, Sectors, Special pleas, Statutes (LRL 2) - work law, Statutory, Topics, Value exchange | 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,...

Unlawful collective agreement: Unenforceable as invalid

by GilesFiles | Feb 28, 2022 | 2020 +, 2020 +, appeal, Appeals, Bill of Rights, Causes of action, Central, Collective Bargaining (LRL 5), ConCourt judges, Constitutional Court, Contractual breach, Courts, Declaratory, Disallowed, Dispute Resolution (LRL 3), Evidence and onus, Exceptions/special pleas, Factual disputes, Government, Judges, Labour Relations, Labour Relations Act 1995, Landmark judgments, Legal Practice, Legality principle, Legislation, LRA Chpt: 3: s11-63 Collective Bargaining, LRA Chpt: 7: s112-184 Dispute resolution, Not awarded, Orders, Orders re costs, Organs of state, Parties, 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,...

Invalid procurement regulations: Section 217 of Constitution

by GilesFiles | Feb 16, 2022 | 2020 +, appeal, Appeals, Bill of Rights, Central, ConCourt judges, Constitutional Court, Courts, Disallowed, Government, Judges, Legal Practice, Legislation, M Madlanga, Orders, Orders re costs, Organs of state, Parties, Sectors, Topics | 0 |

Minister of Finance v Afribusiness NPC Invalid procurement regulations considered by constitutional court and the majority judgment points out that the minority judgment failed to address a conundrum of a possible clash between...

Night shift cancelled: Unfair reason to dismiss

by GilesFiles | Feb 10, 2022 | 2020 +, appeal, Appeals, Appointed LAC judges, Awards -s145, Construction industry, Courts, Disallowed, Dispute Resolution (LRL 3), 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, Orders, Orders re costs, P Coppin, Parties, Private enterprises, Review tests, Rules, Sectors, Statutes (LRL 2) - work law, Strike related, 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,...

Post-Traumatic Stress Disorder: Awarding percentage power

by GilesFiles | Jan 25, 2022 | 2020 +, appeal, Appeals, Awarded, Causes of action, Central, Common law review, Courts, Declaratory, Disallowed, Evidence and onus, Factual disputes, Government, High Court, High Court judges, Interpretation and application, Judges, Legal Practice, Legislation, Orders, Orders re costs, Organs of state, Parties, Review tests, Sectors, Special pleas, Statutory, 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,...

Prescription of maintenance orders: Judgment debt 30 years

by GilesFiles | Jan 21, 2022 | 2020 +, appeal, Appeals, Causes of action, Courts, Declaratory, Disallowed, Exceptions/special pleas, Interpretation and application, Judges, Legal Practice, Legislation, Orders, Parties, Personal services, prescription, Private enterprises, Roman Dutch law principles, SCA judges, Sectors, Statutory, Supreme Court of Appeal, Topics | 0 |

SRA v JHA In considering the prescription of maintenance orders a majority of the SCA decided that section 24(1) of the Maintenance Act provides “that a maintenance order shall have the effect of an order or direction of...

Category: Disallowed