Appeal and review distinction Archives

Public Protector errors: Protected free speech

by GilesFiles | Feb 7, 2022 | 2020 onwards, Allowed, Appeals, Appeals - leave, Bill of Rights, Causes and defences, Central, Costs, Courts, Dignity equality freedom, Evidence & onus, Government, HC Uniform, Interpretation etc, Judges, Legal Practice, Legality principle, Legislation, MB Molemela, Orders, Parties, Review tests, Rules Codes & Manual, SCA judges, Sectors, Special pleas, State organs, Supreme Court of Appeal, Topics | 0 |

Premier of the Western Cape Province v Public Protector SCA decided that the Public Protector made various errors and the available evidence plainly did not support the Public Protector’s findings and remedial action and there...

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...

Conflating appeal and review: Failure to review?

by GilesFiles | Apr 17, 2020 | 2020 onwards, Appeals, Appeals - leave, Common law, Costs, Courts, Disallowed, Judges, Jurisdiction & powers, Legal Practice, Legislation, Non-profit organisations, Orders, Parties, Provincial, Review tests, SCA judges, Sectors, Special pleas, Supreme Court of Appeal, Thresholds, Topics | 0 |

South Durban CEA v MEC for Economic Development, Tourism and Environmental Affairs: KZN Conflating appeal and review and SCA stated that this ‘may well have been the kind of matter, where both decisions should have been...

Ombud statutory appeal: CSOS Act s57 procedure

by GilesFiles | Oct 24, 2019 | 2019, Appeals, Appeals - leave, BC and HOAs, Bill of Rights, Common law, Community schemes, Courts, HC Uniform, High Court, High Court judges, Insights, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, Legislation, Management, Orders, Parties, Policies - all, Review tests, Rules Codes & Manual, Sectors, Topics | 0 |

Stenersen and Tulleken Administration CC v Linton Park Body Corporate Ombud statutory appeal provision has resulted in considerable confusion with conflicting interpretations of CSOS s 57 by different divisions of the high court...

Reviewing CCMA awards: Answering seven questions

by GilesFiles | May 16, 2019 | AB - Law generally, Awards -s145 see also Sidumo, Checklists, Insights, Labour Relations, Legal Practice, Objective - correctness, Resolving disputes (LRL 3), Review tests, Sidumo - see also awards s 145, Thresholds, Topics | 0 |

When reviewing CCMA awards in terms of s 145 of the LRA there is a distinct likelihood of an award being reviewed and set aside if any one of these seven crucial questions is not answered in the affirmative. Whilst these are not...

Exemption appeal body: Review and setting aside

by GilesFiles | Apr 2, 2019 | 2019, Bargaining councils, Courts, Judges, Labour Court, Labour Court judges, Labour Relations, Logistics, LRA 1995, LRA 7: 112-184 Dispute, PAJA 2000, Parties, Resolving disputes (LRL 3), Review tests, 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,...

Market related forces: Defence of external parity

by GilesFiles | Feb 26, 2019 | 2019, AF - Internal equity external parity, André van Niekerk, Courts, EEA 1998, EEA Chpt II ss 5-11, Employ Equity (LRL 12), Hospitality, Insights, Judges, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Resolving disputes (LRL 3), Sectors, Statutes (LRL 2)-work, Topics | 0 |

Sun International Ltd v Saccawu obo Ramerafe Market related forces or external parity as opposed to internal equity considered and this judgment of the labour court is extremely important because it outlines the proper approach...

Admitting hearsay evidence: Interests of justice?

by GilesFiles | Jan 22, 2019 | 2019, Connie Prinsloo, Courts, Evidence & onus, Hearsay, Judges, Labour Court, Labour Court judges, Labour Relations, Legal Practice, LRA 1995, LRA 7: 112-184 Dispute, Resolving disputes (LRL 3), Sectors, State Owned Enterprises, 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,...

Abuse of rights: Nuisance created by restaurant

by GilesFiles | Dec 18, 2018 | 2018, Applications, BC and HOAs, Community schemes, Courts, High Court, High Court judges, Judges, Jurisdiction & powers, Legal Practice, Parties, staying proceedings, 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,...

Protected disclosures proved: Automatically unfair dismissal

by GilesFiles | Aug 15, 2018 | 2018, Courts, John Murphy, Judges, Labour Appeal Court, Labour Relations, LAC judges, LRA 1995, LRA 8a: 185-197B Dismissal, Sectors, Statutes (LRL 2)-work, Termination (LRL 8), Topics | 0 |

TSB Sugar RSA Ltd (now RCL Food Sugar Ltd) v Dorey Protected disclosures proved and LAC declined to interfere with the judgment of the labour court because the reason for dismissal was related to the disclosures and was...

Reasonable review test: Incorrectly applied by LC

by GilesFiles | May 31, 2017 | 2017, Allowed, Appeals - leave, Awards -s145 see also Sidumo, Courts, Dennis Davis, Judges, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, LRA 1995, LRA 7: 112-184 Dispute, Orders, Resolving disputes (LRL 3), Review tests, Sidumo - see also awards s 145, Statutes (LRL 2)-work, Thought Leaders, 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,...

Reasonable review test restated and applied

by GilesFiles | Sep 10, 2014 | 2014 and earlier, Awards -s145 see also Sidumo, Courts, John Murphy, Judges, Labour Appeal Court, LAC judges, Legal Practice, Review tests, Sidumo - see also awards s 145, Termination (LRL 8), Topics, Trust & confidence | 0 |

LAC summary: Review of arbitration award- Employer adopting escalation procedure to curb financial losses resulting from breakdown in production during night shift. Procedure enjoining employee to notify Supervisor within 30...

Tag: Appeal and review distinction