94 Community other social Archives

Double-barrelled approach: Appeal and review

by GilesFiles | Sep 4, 2020 | 2020 onwards, A G Binns-Ward, Appeals, BC and HOAs, Body C Conduct, Common law, Community schemes, Courts, Declaratory, High Court, High Court judges, Interpretation etc, Judges, Jurisdiction & 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...

Intolerable continued employment: Leave to appeal refused

by GilesFiles | Aug 19, 2020 | 2020 onwards, André van Niekerk, Appeals, Associations/corporates, Courts, Harass & bully, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, LRA 1995, LRA 7: 112-184 Dispute, Non-profit organisations, Objective - correctness, Orders, Parties, Personal services, Resolving disputes (LRL 3), Review tests, Sectors, Statutes (LRL 2)-work, Termination (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,...

Intolerable continued employment: Queen bee syndrome

by GilesFiles | Jun 19, 2020 | 2020 onwards, André van Niekerk, Associations/corporates, Costs, Courts, Harass & bully, Judges, Labour Court, Labour Court judges, Labour Relations, Legal Practice, LRA 1995, LRA 7: 112-184 Dispute, LRA 8a: 185-197B Dismissal, Non-profit organisations, Objective - correctness, Parties, Resolving disputes (LRL 3), Review tests, Sectors, Statutes (LRL 2)-work, Termination (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,...

Unlawful proceeds forfeited: Constitution s25 property?

by GilesFiles | Mar 26, 2020 | 2020 onwards, Allowed, Appeals, Appeals - leave, Bill of Rights, Causes and defences, ConCourt judges, Constitutional Court, Consumer protection, Courts, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, Legislation, Orders, Parties, Sectors, Special pleas, State organs, Topics | 0 |

National Director of Public Prosecutions v Botha NO Unlawful proceeds forfeited unanimously but according to majority proceeds of unlawful activities do not constitute property as envisaged in section 25(1) of the Constitution....

Unlawful proceeds forfeited: Crime and proportionality

by GilesFiles | Mar 26, 2020 | 2020 onwards, Allowed, Appeals, Appeals - leave, Bill of Rights, Causes and defences, ConCourt judges, Constitutional Court, Consumer protection, Courts, Interpretation etc, JC Froneman, Judges, Jurisdiction & powers, Legal Practice, Legislation, Orders, Parties, Sectors, Special pleas, State organs, SV Khampepe, Topics | 0 |

National Director of Public Prosecutions v Botha NO Unlawful proceeds forfeited and if only R758 085 is forfeited the courts would, in effect, be giving “credit” for the fact that an attempt was made to cover up the original...

Service level agreement: Contrasted with labour broking

by GilesFiles | Feb 13, 2020 | 2020 onwards, Conduct & capability, Courts, Government, Judges, Labour Court, Labour Court judges, Labour Relations, Legal Practice, LRA 1995, LRA 7: 112-184 Dispute, LRA 8a: 185-197B Dismissal, LRA 9: 198-213 General, Municipal, Objective - correctness, Operation of law, Parties, Resolving disputes (LRL 3), Review tests, Sectors, Statutes (LRL 2)-work, Termination (LRL 8), TES - LRA 198, 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,...

Lapsed review reinstated: Requirements considered

by GilesFiles | Feb 7, 2020 | 2020 onwards, Applications, Courts, GN Moshoana, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, LC Rules-old, LC-Practice Manual, Legal Practice, LRA 1995, LRA 7: 112-184 Dispute, Orders, Parties, Provincial, Resolving disputes (LRL 3), Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, 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,...

Body corporate ban: Unlawful – external party

by GilesFiles | Feb 4, 2020 | 2020 onwards, Applications, BC and HOAs, Bill of Rights, Causes and defences, Common law, Community schemes, Courts, Declaratory, High Court, High Court judges, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, Orders, Parties, Review tests, Sectors, Statutory, Topics | 0 |

BAE Estates and Escapes (Pty) Ltd v Trustees: Legacy Body Corporate High Court was satisfied that the body corporate acted beyond its powers or arbitrarily in purporting to ban the applicant entirely from all or any dealings...

Enforcing arbitration award: Performance bonus?

by GilesFiles | Dec 12, 2018 | 2020 onwards, Appeals, Appeals - leave, Causes and defences, Contractual breach, Courts, F Kathree-Setiloane, Government, Insights, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, LRA 1995, LRA 7: 112-184 Dispute, LRA 8a: 185-197B Dismissal, Management, Municipal, Orders, Parties, Practices (LRL 9), Resolving disputes (LRL 3), Sectors, Statutes (LRL 2)-work, 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,...

Community health workers: Employees not contractors

by GilesFiles | Mar 18, 2016 | 2016, Central, Courts, Judges, Labour Court, Labour Court judges, LRA 1995, Municipal, Parties, Provincial, Reforms required, Resolving disputes (LRL 3), Sectors, Statutes (LRL 2)-work, Termination (LRL 8), Thought Leaders, Topics, Words & phrases | 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,...

Avoid formal hearings: Use appropriate language

by GilesFiles | Mar 14, 2006 | 2014 and earlier, AB - Law generally, ABB - Fairness principle or concept, André van Niekerk, Associations/corporates, Awards -s145 see also Sidumo, Courts, ILO Convention 158/1982, Insights, Judges, Labour Court, Labour Court judges, Labour Relations, Legal Practice, LRA 1995, LRA 7: 112-184 Dispute, LRA 8a: 185-197B Dismissal, Non-profit organisations, Parties, Private enterprises, Resolving disputes (LRL 3), Review tests, Sectors, Statutes (LRL 2)-work, Termination (LRL 8), Topics | 0 |

Avril Elizabeth Home for the Mentally Handicapped v CCMA The labour court decided that employers and senior management should avoid formal enquiries in workplaces because the continued application of the criminal justice model...

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