GilesFiles Insights

Legal practitioners beware: Dangers of using AI

by GilesFiles | Jun 30, 2025 | 2020 onwards, AG - Legal research, AU - ChatGPT, Causes and defences, Costs, Courts, Fun and Games, High Court, High Court judges, Insights, Interpretation etc, Judges, Jurisdiction & powers, Labour Relations, Legal Practice, Legislation, LRA 1995, Orders, Parties, Resolving disputes (LRL 3), Review tests, Risks, Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, Topics

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...

New Labour Court Rules: After 17 July 2024 [annotated]

by GilesFiles | Jun 30, 2025 | AH - Labour Legislation & Rules, AH02a - LC rules current, Insights

RULES REGULATING THE CONDUCT OF THE PROCEEDINGS OF THE LABOUR COURT The Rules Board has, in terms of section 159(3) of the Labour Relations Act, 1995 (Act 66 of 1995), made the following rules to regulate the conduct of proceedings in the Labour Court. TABLE OF...

Business rescue proceedings: Powers of directors

by GilesFiles | Jun 30, 2025 | 2020 onwards, Allowed, Appeals, Appeals - leave, business rescue, Causes and defences, Contractual breach, Costs, Courts, Declaratory, Finance, HC Uniform, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, Legislation, Management, Managerial prerogative, Orders, Parties, SCA judges, Sectors, Statutory, Supreme Court of Appeal, Topics

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...

Unlawful employment termination: Specific performance granted

by GilesFiles | Jun 27, 2025 | 2020 onwards, AB - Law generally, Applications, BCEA 1997 (LRL 10), BCEA 77(3) & 77A(e), Causes and defences, Central, Contractual breach, Courts, Declaratory, False assumptions, Insights, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Lawfulness & fairness, LC Rules-new, Legal Practice, Legislation, LRA 1995, Management, Orders, Parties, Resolving disputes (LRL 3), RN Daniels, Sectors, Specific performance, State organs, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics, Unlawful and void

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...

ILO Convention 111: Reconciling discrimination with unfairness

by GilesFiles | Jun 25, 2025 | AB - Law generally, AU - ChatGPT, ILO Convention 111/1958, ILO Conventions, Insights

Question Why do we in South Africa focus on Harksen v Lane NO when the ILO Convention 111 only uses the term "discrimination" Answer There is a key tension in South African anti-discrimination law: the constitutional framing of “unfair discrimination” versus the ILO...

Direct vs Indirect Discrimination: South African Law

by GilesFiles | Jun 25, 2025 | AB - Law generally, AH - Labour Legislation & Rules, ILO Conventions, Insights, Work Science Institute

Comparison Table: Direct vs Indirect Discrimination in South African Law This table outlines the key differences between direct and indirect discrimination under South African law, with reference to constitutional provisions, statutes, and leading case law. Aspect...

Quirky humorous or philosophical: Familiar idioms or expressions

by GilesFiles | Jun 25, 2025 | AD - Personal archives, AU - ChatGPT, Fun and Games, Insights, Words & phrases

Quirky humorous or philosophical: Familiar idioms or expressions There are many quirky, humorous, or philosophical takes on familiar idioms or expressions—like referring to “out of sight, out of mind” as an “invisible lunatic.” These kinds of reinterpretations often...

Exceeding retirement age: Age discrimination?

by GilesFiles | Jun 20, 2025 | 2020 onwards, AB - Law generally, AUD, Bill of Rights, Causes and defences, Connie Prinsloo, Courts, Declaratory, Discrimination (LRL 11), Evidence & onus, Insights, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, LRA 1995, LRA 8a: 185-197B Dismissal, Operation of law, Orders, Parties, Personal services, Refused, Resolving disputes (LRL 3), Retirement, Sectors, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics, Universities and schools

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...

Excepting to claim statement: Legal fees forfeited

by GilesFiles | Jun 19, 2025 | 2020 onwards, AB1 - Fairness principle or concept, AH02a - LC rules current, AH08 - Good Practice, Applications, BCEA 77(3) & 77A(e), Causes and defences, Costs, Courts, Declaratory, Exceptions/special pleas, General, Insights, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, LC Rules-new, Legal Practice, Legislation, LRA 1995, LRA 7: 112-184 Dispute, Orders, Parties, Personal services, Resolving disputes (LRL 3), Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, Topics, Universities and schools

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...

Protecting confidential information: Return and destroy copies

by GilesFiles | Jun 19, 2025 | 2020 onwards, AB - Law generally, Access to information, Applications, Causes and defences, Contractual breach, Costs, Courts, Declaratory, Delict, Free and fair, Granted, Granted, HC Uniform, High Court, High Court judges, Insights, Interdicts & rules, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, Legislation, Markets in SA, Orders, Parties, Personal Information, Personal services, Private enterprises, Protectable interests, Risks, Rules Codes & Manual, Sectors, Topics

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...