AC Basson Archives - GilesFiles

Extended sick leave: Operation of law discharge

by GilesFiles | Oct 25, 2023 | 2020 onwards, Applications, Causes and defences, Central, Contractual breach, Costs, Courts, Declaratory, Deemed, Government, High Court, High Court judges, Interpretation etc, Judges, Jurisdiction & powers, Labour Relations, Legal Practice, Legislation, LRA 1: 1-3 Purpose, LRA 1995, Operation of law, Orders, Parties, Resolving disputes (LRL 3), Sectors, State organs, 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,...

Summary judgment granted: Specific Teaming Agreement

by GilesFiles | Jun 4, 2021 | 2020 onwards, Applications, Causes and defences, Contractual breach, Courts, High Court, High Court judges, Judges, Jurisdiction & powers, Legal Practice, Logistics, Orders, Parties, Private security, Sectors, 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 appeal right: Appeal struck from roll

by GilesFiles | Feb 15, 2021 | 2020 onwards, Appeals, Appeals - leave, Courts, Disallowed, High Court, High Court judges, Interpretation etc, Judges, Jurisdiction & powers, leave to appeal, Legal Practice, Legislation, Orders, Rules Codes & Manual, Special pleas, Struck off, Topics | 0 |

Myeni v Organisation Undoing Tax Abuse (Outa) Full bench of high court considered a lapsed right to appeal and decided that for a decision to become the subject of an application for leave to appeal the application must have...

Lawful administrative action: HC refuses review application

by GilesFiles | May 4, 2020 | 2020 onwards, Bill of Rights, Causes and defences, Central, Courts, Declaratory, Government, HC Uniform, Hearing procedure, High Court, High Court judges, Judges, Legal Practice, Legality principle, Orders, PAJA 2000, Parties, Review tests, Rules Codes & Manual, Sectors, 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,...

Condonation principles considered: Compensation remedy denied

by GilesFiles | Apr 30, 2019 | 2019, 2019, ConCourt judges, Condonation, Constitutional Court, Courts, Judges, Labour Relations, Landmark judgments, LRA 1995, Operational reasons, 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,...

Notifiability of merger: Different forms of control

by GilesFiles | Feb 1, 2019 | 2019, Causes and defences, ConCourt judges, Constitutional Court, Courts, Declaratory, Judges, Legal Practice, Orders, philosophy / economics, Sectors, Topics | 0 |

Competition Commission of SA v Hosken Consolidated Investments Ltd Notifiability of merger and exhaustive analysis of competition law and various procedural issues, including declaratory orders and whether or not disputes are...

Presumption against backdating: EEA claim after amendment

by GilesFiles | Aug 16, 2018 | 2018, AF - Internal equity external parity, Courts, EEA 1998, EEA Chpt II ss 5-11, EEA Codes, Employ Equity (LRL 12), High Court judges, Insights, Judges, Labour Court, Labour Court judges, Labour Relations, LC Rules-old, Resolving disputes (LRL 3), Sectors, State Owned Enterprises, Statutes (LRL 2)-work, Topics, Work Science Institute | 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,...

Stolen identity: Damages for unlawful arrest and detention

by GilesFiles | Jun 13, 2016 | 2016, Miscellaneous | 0 |

The High Court awarded damages of R300,000 against the Minister of Police because it had been assumed that a citizen had acted fraudulently. But in a sense her identity had been ‘stolen’ and another person living in a different...

Whistleblowing legal privilege: Legal advice and onus

by GilesFiles | Feb 1, 2011 | 2014 and earlier, Applications, Causes and defences, Courts, Declaratory, Evidence & onus, General, Granted, Interdicts & rules, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, LRA 1995, LRA 7: 112-184 Dispute, LRA 8b: 185-186(2) Practices, Orders, Parties, Personal Information, Practices (LRL 9), Private enterprises, Resolving disputes (LRL 3), Sectors, Statutes (LRL 2)-work, Termination (LRL 8), Topics | 0 |

Randles v Chemical Specialities Ltd Whistleblowing and legal privilege considered in the context of protected disclosures and occupational detriment and more particularly the Labour court considered the issue of the onus of...

Knockouts: Nothing to do with lockouts

by GilesFiles | Dec 7, 2009 | 2014 and earlier, Collective Bargain (LRL 5), Courts, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Lockout/exclusion, LRA 1995, Power plays (LRL 6), Resolving disputes (LRL 3), Statutes (LRL 2)-work, Strikes - 64, Topics | 0 |

Should it be suggested, let alone form the basis of a Labour Court judgment, that dispute resolution and power-play in collective bargaining in the form of a lockout is analogous to a boxing match where the parties are intent on...

Labour broking considered: Fixed-term eventuality?

by GilesFiles | Aug 28, 2009 | 2014 and earlier, Courts, Judges, Labour Court, Labour Court judges, LRA 1995, Operation of law, Parties, Statutes (LRL 2)-work, Termination (LRL 8), TES - LRA 198 | 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,...

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