bad faith Archives - GilesFiles

Unlawfully applying self-help: Employment termination void

by GilesFiles | Feb 28, 2025 | 2020 onwards, Applications, Automatic, BCEA 1997 (LRL 10), BCEA 77(3) & 77A(e), Causes and defences, Contractual breach, Costs, Courts, Declaratory, Government, Granted, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Lawfulness & fairness, Legal Practice, Legality principle, Legislation, Local, LRA 08a: 185-197B Dismissal, LRA 1995, MR Makhura, Municipal managers, Orders, Parties, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, Selected judges, Specific performance, State organs, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics, Unlawful and void | 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,...

Shortlisting applicants considered: Failure to promote

by GilesFiles | Feb 22, 2024 | 2020 onwards, Allowed, Appeals, Appeals - leave, Awards -s145 see also Sidumo, Causes and defences, Central, Courts, Government, Interpretation etc, Judges, Jurisdiction & powers, Kate Savage, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, Legislation, LRA 07: 112-184 Dispute, LRA 08b: 185-186(2) Practices, LRA 1995, Orders, Parties, Review tests, Sectors, Selected judges, Sidumo - see also awards s 145, 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,...

Automatically unfair dismissal: Protected disclosure

by GilesFiles | Jan 18, 2023 | 2020 onwards, Applications, AUD, Causes and defences, Conduct & capacity, Costs, Courts, Declaratory, Harass & bully, Interpretation etc, Judges, Labour Court, Labour Court judges, Labour Relations, Lawfulness & fairness, Legal Practice, Legislation, LRA 07: 112-184 Dispute, LRA 08a: 185-197B Dismissal, LRA 194, LRA 1995, MTM Phehane, Orders, Parties, Personal services, Private enterprises, Risks, Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, Statutory, 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,...

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 |

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,...

CSOS costs immunity: Lack of legal interest

by GilesFiles | Jun 17, 2022 | 2020 onwards, Applications, BC and HOAs, Causes and defences, Community schemes, Costs, Costs not awarded, Courts, Declaratory, HC Uniform, High Court, High Court judges, Insights, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, Legislation, LRA 144 and 165 rescissions, Orders, Parties, Rules Codes & Manual, Sectors, Statutory, Topics | 0 |

CSOS v Stonehurst Mountain Estate Owners Association Apart from unlawful, grossly negligent or bad faith does CSOS enjoy immunity from costs orders? “[20] It is clear from s 37(1) of the Act that the chief ombud, an ombud,...

Personal indemnity exceeded: Bad faith accepted

by GilesFiles | Jul 22, 2019 | 2019, 2019, ConCourt judges, Constitutional Court, Costs, Costs punitive, Courts, Judges, L Theron, Landmark judgments, Legal Practice, Statutes (LRL 2)-work, SV Khampepe, Topics | 0 |

Public Protector v SA Reserve Bank Personal indemnity exceeded and Constitutional Court confirmed that the Public Protector acted in bad faith and held that in any event, the ambit of the immunity afforded under section 5(3) is...

Tag: bad faith

Unlawfully applying self-help: Employment termination void

Shortlisting applicants considered: Failure to promote

Automatically unfair dismissal: Protected disclosure

Allowing amendments to pleadings: General principles reaffirmed

CSOS costs immunity: Lack of legal interest

Personal indemnity exceeded: Bad faith accepted