Thresholds Archives | GilesFiles

Valuing golf courses: Various methods discussed

by GilesFiles | Sep 25, 2020 | 2020 +, appeal, Appeals, Associations, Cause: regulations, Cause: statute, Common Law, Common law review, Community housing schemes, Courts, Granted, High Court, High Court judges, Homeowners associations, Interpretation and application, Judges, Jurisdiction and powers, Legal Practice, OL Rogers, Orders, Parties, Review tests, Sectors, Thresholds, Topics | 0 |

De Zalze Golf Club v VAB: Stellenbosch Municipality The Club reviewed and set aside a decision made by the Valuation Appeal Board (VAB) for the Stellenbosch Municipality in the Club’s appeal against a valuation of its golf...

Intolerability high threshold: Breaking point?

by GilesFiles | Sep 9, 2020 | 2020 +, Appointed LC judges, Constructive, Courts, Dispute Resolution (LRL 3), Judges, 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, Mining, Objective or correct, Orders, Parties, Private enterprises, Review tests, Sectors, Statutes (LRL 2) - work law, Termination & dismissal (LRL 8), Thresholds, 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,...

Double-barrelled approach: Appeal and review

by GilesFiles | Sep 4, 2020 | 2020 +, A.G. Binns-Ward, Appeals, Common law review, Community housing schemes, Courts, Declaratory, High Court, High Court judges, Homeowners associations, Interpretation and application, Judges, Jurisdiction and powers, Legal Practice, Orders, Parties, Review tests, Sectors, Thresholds, Topics | 0 |

Kingshaven Homeowners’ Association v Botha In considering an appeal against the refusal of an adjudicator in an application in terms of the CSOS Act the High Court discussed the merits of appeal and review and recommended...

Conflating appeal and review: Failure to review?

by GilesFiles | Apr 17, 2020 | 2020 +, appeal, Appeals, Biowatch principle, Common law review, Courts, Exceptions/special pleas, Judges, Jurisdiction and powers, KGB Swain, Legal Practice, Legislation, Non-profit organisations, Orders, Orders re costs, Parties, Provincial, Refused, Review tests, SCA judges, Sectors, Special pleas, Supreme Court of Appeal, Thresholds, Topics | 0 |

South Durban CEA v MEC for Economic Development, Tourism and Environmental Affairs: KZN Conflating appeal and review and SCA stated that this ‘may well have been the kind of matter, where both decisions should have been...

Reviewing CCMA awards: Answering seven questions

by GilesFiles | May 16, 2019 | Awards -s145, Checklists, Dispute Resolution (LRL 3), Insights, Labour Relations, Legal Practice, Objective or correct, Review tests, Sidumo - reasonableness, Thresholds, Topics | 0 |

When reviewing CCMA awards in terms of s 145 of the LRA there is a distinct likelihood of an award being reviewed and set aside if any one of these seven crucial questions is not answered in the affirmative. Whilst these are not...

Review threshold considered: Applied for gross misconduct

by GilesFiles | Jun 26, 2018 | 2018, André van Niekerk, Appointed LC judges, Awards -s145, Courts, Dispute Resolution (LRL 3), Gross misconduct, Holistic evaluation, Judges, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Review tests, Sectors, Sidumo - reasonableness, Termination & dismissal (LRL 8), Thresholds, 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,...

Performance bonus denied: Benefit and fair discretion

by GilesFiles | Feb 21, 2018 | 2020 +, Acting LC judges, Awards -s145, Benefits - 186(2)(a), Courts, Declaratory, Dispute Resolution (LRL 3), Evidence and onus, Evidentiary burden, Interpretation and application, Judges, Jurisdiction and powers, 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, Manufacturing, Objective or correct, Onus of proof, Orders, Organs of state, Parties, Review tests, Sectors, Sidumo - reasonableness, SOEs (State Owned Enterprises), Statutes (LRL 2) - work law, Thresholds, Topics, Warnings - 186(2)(b) | 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,...

Unreasonable award: Absence of a factual plinth

by GilesFiles | May 26, 2016 | 2016, Acting LAC judges, Appointed LAC judges, Awards -s145, Courts, Dispute Resolution (LRL 3), Evidence and onus, Factual disputes, John Murphy, Judges, Labour Appeal Court, Labour Relations, Labour Relations Act 1995, LAC judges, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, Review tests, Sidumo - reasonableness, Statutes (LRL 2) - work law, Termination & dismissal (LRL 8), Thresholds, Topics | 1 |

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,...

Review: Pre-dismissal inquiry ruling

by GilesFiles | Nov 17, 2015 | 2015, Anton Steenkamp, Appointed LC judges, Courts, Deceased judges, Dismissal generally, Dispute Resolution (LRL 3), Judges, 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, Review tests, Rulings - s158(1)(g), Statutes (LRL 2) - work law, Termination & dismissal (LRL 8), Thresholds, Topics | 0 |

Nehawu obo Lerumo v PM Venter NO (C183/12) [2015] ZALCCT 66 (17 November 2015) per Steenkamp J. The Labour Court reviewed and upheld proceedings relating to a pre-dismissal ruling (treated as an award) in terms of s188A of the...

Constitutional subsidiarity defined: Supporting role

by GilesFiles | Sep 30, 2015 | 2020 +, Appeals, Bill of Rights, ConCourt judges, Constitutional Court, Courts, Edwin Cameron, Exceptions/special pleas, Judges, Legal Practice, Retired judges, Review tests, Thresholds | 0 |

Cameron J in My Vote Counts NPC v Speaker of the National Assembly (CCT121/14) [2015] ZACC 31 (30 September 2015) at para [53] of minority judgment. “These considerations yield the norm that a litigant cannot directly...

Kylie’s appeal upheld: Access to CCMA granted

by GilesFiles | May 29, 2010 | 2014 and earlier, appeal, Appeals, Appointed LAC judges, BCEA 1997, Bill of Rights, Capability or capacity, Cause: statute, Common Law, Conduct or capacity, Courts, Declaratory, Dennis Davis, Dignity equality freedom, Dispute Resolution (LRL 3), Granted, illegal, Judges, Labour Appeal Court, Labour Relations, Labour Relations Act 1995, LAC judges, Lawfulness, Legal Practice, Legality principle, LRA Chpt: 7: s112-184 Dispute resolution, LRA Chpt: 8a: s185-197B Dismissals, Objective or correct, Orders, Parties, Personal services, Private security, Review tests, Sectors, Statutes (LRL 2) - work law, Termination & dismissal (LRL 8), Thresholds, Topics | 3 |

On 28 May 2010 the Labour Appeal Court reversed that decision – see Kylie v CCMA (Michele van Zyl t/a Brigittes). In a unanimous judgment Davis JA upheld Kylie’s appeal and reviewed and set aside the CCMA’s ruling and declared...

Dissatisfied sex worker: Goes empty handed again

by GilesFiles | Jul 31, 2008 | 2014 and earlier, Acting LC judges, Capability or capacity, Conduct or capacity, Courts, Discrimination (LRL 11), Employment Equity (LRL 12), Judges, Labour Court, Labour Court judges, Labour Relations, Labour Relations Act 1995, Lawfulness, Legal Practice, Legality principle, Parties, Personal services, Private enterprises, Review tests, Sectors, Statutes (LRL 2) - work law, Termination & dismissal (LRL 8), Thresholds, Topics, Valid reason and fair reason | 0 |

On 31 July 2008 Cheadle AJ, an acting Judge in “Kylie” v CCMA [2008] 9 BLLR 870 (LC), reviewed and altered a ruling by the CCMA dated 11 November 2006 by refusing “Kylie” the right to claim 12 months...

Category: Thresholds