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Latest Judgments in South Africa

Latest judgments on specific topics – unreported judgments and reported judgments

Access the latest judgments in South Africa immediately – both the latest unreported judgments and reported judgments or cases. We monitor the courts and provide a summary of judgments and categorise them within about 24 hours. This enables subscribers to find the latest law quickly by topic, court, judge, legislation, sector or party.

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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 Comments

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] The Model Law reflects the international...

Access to information ordered: Section 78(2)(d)(i) of PAIA

by GilesFiles | May 16, 2022 | 2020 +, Access to information, Applications, Awarded, Causes of action, Courts, Declaratory, Evidence and onus, Exceptions/special pleas, High Court, High Court judges, Interpretation and application, Judges, Jurisdiction and powers, Legal Practice, Legislation, Orders, Orders re costs, Parties, Personal services, Private enterprises, Protection of Personal Information, Sectors, Special pleas, Specific performance, Statutory, Topics | 0 Comments

Goosen-Joubert v Women4Women NPC Why was access to information ordered by the high court and what were the reasons for making that order? "[73] In my view, the applicant has made out a proper case that entitles her to the documents requested, save for the financial...

Judgments Labour Courts: Analysis 2018 to date

by GilesFiles | May 14, 2022 | Checklists, Insights, Labour Appeal Court, Labour Court | 0 Comments

Analysis of all available judgments of Labour Appeal Court and Labour Court for last 5 years [as at 14 May 2022] Years Total GilesFiles BLLR & ILJ BLLR ILJ JOL Labour Appeal Court 2022 18 17 2 10 4 6 2021 50 49 33 36 44 26 2020 83 81 40 47 68 33 2019 53 53 37 41...

Service level agreement: Taking over other employees

by GilesFiles | May 9, 2022 | 2020 +, André van Niekerk, Applications, Appointed LC judges, Awarded, Business transfers, Causes of action, Courts, Declaratory, deeming provision, Dispute Resolution (LRL 3), Interpretation and application, Judges, Labour Court, Labour Court judges, Labour Relations, Labour Relations Act 1995, Legal Practice, Logistics, LRA Chpt: 7: s112-184 Dispute resolution, Operation of law, Orders, Orders re costs, Parties, Private enterprises, Rules, Sectors, Statutes (LRL 2) - work law, Statutory, Termination & dismissal (LRL 8), Topics | 0 Comments

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, email us and we’ll arrange to give you...

Normal retirement age: Fair dismissal ito LRA s187(2)(b)?

by GilesFiles | May 9, 2022 | 2020 +, Applications, Appointed LC judges, Automatically unfair - s187, Basic Conditions (LRL 10), BCEA 1997, BCEA 77(3) and 77A(e), Bill of Rights, Causes of action, Central, Contractual breach, Courts, Declaratory, deeming provision, Dignity equality freedom, Discrimination (LRL 11), Dispute Resolution (LRL 3), EEA Chpt II ss 5-11, Employment Equity (LRL 12), Employment Equity Act 1998, Endumeni Municipality case, Evidence and onus, Exceptions/special pleas, Government, Holistic evaluation, Interpretation and application, Invalid or unfair reason, Judges, Labour Court, Labour Court judges, Labour Relations, Labour Relations Act 1995, Lawfulness, Legal Practice, Legislation, LRA Chpt: 7: s112-184 Dispute resolution, LRA Chpt: 8a: s185-197B Dismissals, MPN Nkutha-Nkontwana, Not awarded, Operation of law, Orders, Orders re costs, Organs of state, Parties, Provisos, Retirement age, Roman Dutch law principles, Sectors, Severance forfeited, Statement of claim, Statutes (LRL 2) - work law, Statutory, Summary - generally, Termination & dismissal (LRL 8), Topics | 0 Comments

Solidarity obo Strydom v State Information Technology Agency SOC Ltd With regard to a normal or agreed retirement age how can an exception or proviso ever cancel out a constitutional right not to be discriminated against solely on the basis of age? "[30] As mentioned...

Sale not transfer agreement: LRA s197 jurisdiction lacking

by GilesFiles | May 9, 2022 | 2020 +, Applications, Appointed LC judges, BCEA 1997, BCEA 77(3) and 77A(e), Business transfers, Causes of action, Courts, Declaratory, Dispute Resolution (LRL 3), Exceptions/special pleas, Interpretation and application, Judges, Jurisdiction and powers, Labour Court, Labour Court judges, Labour Relations, Labour Relations Act 1995, Legal Practice, Legality principle, LRA Chpt: 7: s112-184 Dispute resolution, Not awarded, Orders, Orders re costs, Parties, Personal services, Private enterprises, Review tests, RGO Lagrange, Rules, Sectors, Special pleas, Statutes (LRL 2) - work law, Statutory, Termination & dismissal (LRL 8), Topics | 0 Comments

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, email us and we’ll arrange to give you...

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 Comments

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, email us and we’ll arrange to give you...

Employing foreign nationals: LC grants permission

by GilesFiles | May 4, 2022 | 2020 +, Agriculture, André van Niekerk, Appointed LC judges, Awarded, Courts, Declaratory, Dispute Resolution (LRL 3), Interpretation and application, Judges, Jurisdiction and powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, LRA Chpt: 7: s112-184 Dispute resolution, Orders, Orders re costs, PAJA 2000, Parties, Private enterprises, Review tests, Sectors, Specific performance, Statutes (LRL 2) - work law, Topics | 0 Comments

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, email us and we’ll arrange to give you...

Assessing mental health: Context of constructive dismissal

by GilesFiles | May 4, 2022 | 2020 +, Appointed LC judges, Bill of Rights, Constructive, Courts, Declaratory, Dignity equality freedom, Dispute Resolution (LRL 3), EEA Chpt II ss 5-11, Employment Equity (LRL 12), Employment Equity Act 1998, Evidence and onus, Evidentiary burden, Finance, H Rabkin-Naicker, Holistic evaluation, 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, Not awarded, Objective or correct, Orders, Orders re costs, Parties, Private enterprises, Review tests, Rules, Sectors, Statutes (LRL 2) - work law, Termination & dismissal (LRL 8), Topics, Valid reason and fair reason | 0 Comments

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, email us and we’ll arrange to give you...

Reinstating fixed-term contracts: Labour Court’s jurisdiction

by GilesFiles | May 3, 2022 | 2020 +, André van Niekerk, Applications, Appointed LC judges, BCEA 1997, BCEA 77(3) and 77A(e), Causes of action, Courts, Dispute Resolution (LRL 3), Fixed-term contracts, General, Government, Interdicts and rule nisi, Interpretation and application, Judges, Jurisdiction and powers, Labour Court, Labour Court judges, Labour Relations, Labour Relations Act 1995, Lawfulness, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, Municipal, Not awarded, Orders, Orders re costs, Organs of state, Parties, Refused, Sectors, Statutes (LRL 2) - work law, Struck off, Termination & dismissal (LRL 8), Topics | 0 Comments

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, email us and we’ll arrange to give you...