Abuse generally Archives

Concluding settlement agreement: Employer alleging duress?

by GilesFiles | Mar 18, 2025 | 2020 onwards, Applications, Causes and defences, Common law, Costs, Courts, Declaratory, Evidence & onus, General, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, LRA 1995, LRA 7: 112-184 Dispute, LRA D: 151-166 LC, Orders, Parties, Personal services, Private enterprises, Refused, Resolving disputes (LRL 3), Review tests, RN Daniels, Rules Codes & Manual, Sectors, Selected judges, Special pleas, 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,...

Delaying action unreasonably: Abuse warranting dismissal

by GilesFiles | Dec 23, 2024 | 2020 onwards, Causes and defences, Costs, Courts, High Court, High Court judges, Interpretation etc, Judges, Jurisdiction & powers, Labour Relations, Legal Practice, Legislation, LRA 1995, LRA 7: 112-184 Dispute, LRA D: 151-166 LC, Orders, Parties, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, Topics | 0 |

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Hearing rights considered: Abusing court process

by GilesFiles | Jul 3, 2023 | 2020 onwards, Applications, Bill of Rights, Causes and defences, Contractual breach, Costs, Courts, Declaratory, ex parte, High Court, High Court judges, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, Legislation, Orders, Parties, Personal services, Private enterprises, Refused, Refused, Roland Sutherland, Rule nisi, Rules Codes & Manual, Sectors, Selected judges, self-created urgency, Statutory, Topics, Urgency | 0 |

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Laying criminal charges: Forfeiting right to discipline?

by GilesFiles | Jun 15, 2023 | 2020 onwards, Applications, Causes and defences, Contractual breach, Costs, Courts, Declaratory, Delict, Government, Interdicts & rules, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Local, LRA 1995, LRA 7: 112-184 Dispute, LRA D: 151-166 LC, Orders, Parties, Refused, Roman Dutch law, Sectors, Special pleas, State organs, Statutes (LRL 2)-work, Statutory, Topics | 0 |

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Leave to appeal applications: Time limits considered

by GilesFiles | Jan 17, 2023 | 2020 onwards, Applications, Causes and defences, Condonation, Costs, Courts, Declaratory, Irregular proceeding, Judges, Labour Court, Labour Court judges, Labour Relations, LC Rules-new, LC Rules-old, LC-Practice Manual, Legal Practice, LRA 1995, LRA 7: 112-184 Dispute, Orders, Parties, Private enterprises, Rules Codes & Manual, Sean Snyman, Sectors, Statutes (LRL 2)-work, Statutory, Topics, Trade | 0 |

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Allowing amendments to pleadings: General principles reaffirmed

by GilesFiles | Dec 8, 2022 | 2020 onwards, Agriculture, Allowed, Appeals, Appeals - leave, Causes and defences, ConCourt judges, Constitutional Court, Costs, Courts, Declaratory, Delict, DN Unterhalter, General, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, Legislation, Manufacturing, Orders, Parties, Pleadings: amending, Private enterprises, Rules Codes & Manual, Sectors, Selected judges, Special pleas, Topics | 0 |

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Appeal rights considered: Unlawful but not unfair

by GilesFiles | Nov 18, 2022 | 2020 onwards, André van Niekerk, Applications, BCEA 1997 (LRL 10), BCEA 77(3) & 77A(e), Bill of Rights, Causes and defences, Conduct & capacity, Contractual breach, Costs, Courts, Declaratory, Evidence & onus, Hearing procedure, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Lawfulness & fairness, Legal Practice, LRA 1995, LRA 7: 112-184 Dispute, LRA 8a: 185-197B Dismissal, Orders, Parties, Personal services, Review tests, Rules Codes & Manual, Sectors, Specific performance, State Owned Enterprises, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics, Trust & confidence | 0 |

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SLAPP suit defence: Defamation – abuse of process?

by GilesFiles | Nov 14, 2022 | 2020 onwards, Allowed, Appeals, Appeals - leave, Bill of Rights, Causes and defences, ConCourt judges, Constitutional Court, Costs, Courts, Declaratory, Delict, Dignity equality freedom, Insights, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, Legislation, Mining, Orders, Parties, Private enterprises, Protectable interests, Public policy, Roman Dutch law, SA Majiedt, Sectors, Special pleas, Topics | 0 |

Mineral Sands Resources (Pty) Ltd v Reddell What is the essence of the defence of a SLAPP suit and is it confined to one of abuse of court processes or not? “[47] Distilled to its essence, the defence is really one of...

Unilateral employee transfer: LRA s64(4) considered

by GilesFiles | Aug 18, 2022 | 2020 onwards, André van Niekerk, Applications, BCEA 1997 (LRL 10), BCEA 77(3) & 77A(e), Causes and defences, Contractual breach, Costs, Courts, Declaratory, Evidence & onus, Government, Interdicts & rules, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Lockout/exclusion, LRA 1995, LRA 4: 64-77 Strikes, LRA 7: 112-184 Dispute, Municipal, Orders, Parties, Power plays (LRL 6), Refused, Review tests, Sectors, Specific performance, State organs, Statutes (LRL 2)-work, Statutory, 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,...

Workplace bullying considered: Favouring males

by GilesFiles | May 6, 2022 | Causes and defences, CCMA awards, Conduct & capacity, Contractual breach, Costs, Courts, Declaratory, Evidence & onus, Harass & bully, Insights, Interpretation etc, Judges, Labour Relations, Legal Practice, LRA 1995, LRA 7: 112-184 Dispute, LRA 8a: 185-197B Dismissal, Management, Orders, Parties, Performance, Policies - all, Risks, Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics, Trust & confidence, Universities and schools | 0 |

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Abusing authorised leave: Dishonesty destroyed trust

by GilesFiles | Dec 10, 2021 | 2020 onwards, Allowed, Appeals, Appeals - leave, Conduct - gross, Conduct & capacity, Costs, Courts, Dennis Davis, Interpretation etc, Judges, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, LRA 1995, LRA 7: 112-184 Dispute, LRA 8a: 185-197B Dismissal, Orders, Parties, Private enterprises, Review tests, Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, Termination (LRL 8), Topics, Trade, Trust & confidence | 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,...

Withdrawn review application: Abuse of process?

by GilesFiles | Jul 27, 2021 | 2020 onwards, Appeals, Appeals - leave, Connie Prinsloo, Courts, Evidence & onus, Judges, Labour Court, Labour Court judges, Labour Relations, LC Rules-old, Legal Practice, LRA 1995, LRA 7: 112-184 Dispute, LRA 8a: 185-197B Dismissal, Orders, Parties, Personal services, Review tests, Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, Topics, Trade unions | 0 |

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Tag: Abuse generally