GilesFiles Insights

Covid-19 lawyers chastised: Deprived of fees

by GilesFiles | Apr 3, 2020 | 2020, 88 Business activities - other, 99 Service activities other, Cause: regulations, Cause: statute, Common Law, Courts, Covid-19 issues, De bonis propriis, Declaratory, High Court, High Court judges, Insights, Interpretation and application, irregular proceeding, Judges, Jurisdiction and powers, Legal Practice, Legal practitioners, Legislation, Orders, Orders re costs, Parties, philosophy / economics, Sectors, Topics

Administrator of Dr J S Moroka Municipality v Kubheka COVID-19 Lawyers chastised for failing to produce the necessary permits ito the regulations and directives which caused the acting judge to deny them their fees and charges and ordered the registrar to report the...

Copyrighting computer program: Disputed authorship

by GilesFiles | Apr 1, 2020 | 11 Agriculture hunting etc, 2020, Agriculture, Appeals, Associations, Cause: statute, Common Law, Competition, Courts, Evidence and onus, Judges, Legal Practice, Legislation, MS Navsa, Onus of proof, Parties, SCA judges, Sectors, Supreme Court of Appeal, Topics

Bergh v Agricultural Research Council Copyrighting computer program and decided that the provision of 'functional requirements and a periodic review of progress being made in the development of the program and testing it finally to see if it met its purpose, without...

Teaching hospitals agreement: Scarce skills allowance

by GilesFiles | Mar 20, 2020 | 2020, 93 Health social work, 99 Service activities other, Bill of Rights, Cause: statute, Collective Bargaining (LRL 5), Common Law, ConCourt judges, Constitutional Court, Courts, Dignity equality freedom, Dispute Resolution (LRL 3), Government - provincial, Judges, Labour Relations, Labour Relations Act 1995, Legal Practice, LRA Chpt: 3: s11-63 Collective Bargaining, LRA Chpt: 7: s112-184 Dispute resolution, LRA Chpt: 9: s198-213 General provisions, Parties, Public Service Act (Proc 103 of 1994), Scarce skills allowances, Sectors, SOEs (State Owned Enterprises), Statutes (LRL 2) - work law, Termination & dismissal (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...

Scarce skills allowance: Award set aside

by GilesFiles | Mar 4, 2020 | 2020, 91 Public administration defence, 99 Service activities other, Acting LC judges, Awards -s145, Benefits - 186(2)(a), Bonus-discretionary, Courts, Dispute Resolution (LRL 3), Government - central, Insights, Judges, 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, Management, Orders re costs, Organs of state, Parties, Policies - strategies - tactics, Review tests, Rulings - s158(1)(g), Scarce skills allowances, Sectors, Sidumo - reasonableness, Statutes (LRL 2) - work law, Topics, Zungu doctrine

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...

Trade union affairs: Registrar to investigate

by GilesFiles | Feb 26, 2020 | 2020, 99 Service activities other, Applications, Appointed LC judges, Contempt of court, Courts, Daphne Mahosi, Dispute Resolution (LRL 3), Granted, Interdicts and rule nisi, Invalid or unfair reason, Judges, Jurisdiction and powers, 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, Orders, Parties, philosophy / economics, Rescission, Sectors, Statutes (LRL 2) - work law, Termination & dismissal (LRL 8), Topics, Trade unions

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...

RICA saga continues: ConCourt hearing

by GilesFiles | Feb 25, 2020 | 2020, 99 Service activities other, Appeals, Bill of Rights, Cause: Bill of Rights, Cause: statute, Common Law, ConCourt judges, Constitutional Court, Courts, Dignity equality freedom, Government - central, Insights, Judges, Jurisdiction and powers, Legal Practice, Legislation, Parties, philosophy / economics, Protection of Personal Information, 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...

CCMA Rules amended: Effective from March 1, 2020

by GilesFiles | Feb 24, 2020 | Applications, CCMA rules, Condonation, Dispute Resolution (LRL 3), Insights, Joinder of parties, Labour Relations, Labour Relations Act 1995, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, LRA Chpt: 8a: s185-197B Dismissals, Orders, Rules and practice manuals, Statutes (LRL 2) - work law, Topics

Amended CCMA Rules Amended CCMA Rules have been published in the Government Gazette and take effect on March 1, 2020 and are repeated here in final form for easy reference. There are not many changes and they are high-lighted in this post. Note: Shepstone &...

Protectable interests examined: Unrealistic threat?

by GilesFiles | Feb 24, 2020 | 2020, 62 Retail trade not vehicles, A.G. Binns-Ward, Applications, Bill of Rights, Cause: contractual breach, Clothing & textiles, Common Law, Competition, Courts, Declaratory, Evidence and onus, High Court, High Court judges, Insights, Interdicts and rule nisi, Judges, Jurisdiction and powers, Legal Practice, Markets in SA, Onus of proof, Orders, Parties, philosophy / economics, Plascon-Evans rule, Private enterprises, Protectable business interests, Public policy, Refused, Restraints and restrictions, Sectors, Topics, Urgency

Truworths Ltd v de Bruyn Protectable interests examined and high court decided that while the skills and experience developed as a buyer while in the employ of Truworths will be of practical benefit to adidas under her new employment they are personal to her, and "not...

Demarcation award appeal: Creating enterprise groups

by GilesFiles | Feb 18, 2020 | 2020, 35 Manufacture of basic metals, 38 Manufacture transport equipment, appeal, Appeals, Appointed LAC judges, Bargaining councils, Competition, Courts, Dispute Resolution (LRL 3), Judges, Labour Appeal Court, Labour Relations, Labour Relations Act 1995, LAC judges, Legal Practice, LRA Chpt: 3: s11-63 Collective Bargaining, LRA Chpt: 7: s112-184 Dispute resolution, Manufacturing, Motor industry, Orders, Parties, Private enterprises, Refused, Roland Sutherland, Sectors, Statutes (LRL 2) - work law, Topics, Transportation

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...

Lead independent director: Decision making levels

by GilesFiles | Feb 17, 2020 | Common Law, Consumer protection, Insights, philosophy / economics, Topics

Sibanye Gold Ltd has just announced the appointment of Richard (Rick) Menell as the lead independent director (LID) of the board of directors. But what exactly does the LID do? Does the LID have any effect on the seven decision making levels prescribed by s 27 of the...