Azhar Cachalia Archives

Professional indemnity insurance: Exclusion clauses

by GilesFiles | Mar 14, 2019 | 2019, 2019, Causes and defences, Consumer protection, Courts, Interpretation etc, Judges, Landmark judgments, Legal Practice, SCA judges, Supreme Court of Appeal, Topics | 0 |

Centriq Insurance Co Ltd v Oosthuizen Professional indemnity insurance for financial advisors is important and this SCA judgment deserves special attention especially for those persons who take out insurance to cover various...

School fashion show: Not a business or enterprise

by GilesFiles | Mar 14, 2019 | 2019, Causes and defences, Consumer protection, Courts, Judges, Legal Practice, SCA judges, Supreme Court of Appeal, Topics, Universities and schools | 0 |

Parktown High School for Girls v Hishaam Attendance at school fashion show resulted in an injury but the school could not be held liable because the show was not an enterprise or business as generally understood. “The...

Utmost good faith: Ex parte court applications

by GilesFiles | Jan 24, 2019 | 2019, Applications, Causes and defences, Central, Courts, ex parte, Judges, Legal Practice, SCA judges, Sectors, State organs, Supreme Court of Appeal, 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,...

Invoking termination clause: Private school public policy

by GilesFiles | Nov 1, 2018 | 2018, 2018, Bill of Rights, Causes and defences, Courts, Interpretation etc, Judges, Landmark judgments, Legislation, PAJA 2000, Public policy, SCA judges, Sectors, Supreme Court of Appeal, Topics | 0 |

A B v Pridwin Preparatory School Invoking termination clause upheld by SCA as the parents freely as autonomous individuals and alive to the consequences of what they were signing concluded these contracts with the school in...

Organisational rights threshold: Cachalia AJ minority

by GilesFiles | Aug 23, 2018 | 2018, Appeals, Bill of Rights, Central, ConCourt judges, Constitutional Court, Courts, JC Froneman, Judges, Labour Relations, LRA 1995, LRA 3: 11-63 Bargain, Organisations (LRL 4), Parties, Resolving disputes (LRL 3), Sectors, Statutes (LRL 2)-work, Topics, Trade unions | 0 |

Popcru v Sacoswu (DCS) Organisational rights threshold and there were different approaches to the problem. “The second judgment, however, advances a further ground to support its conclusion that the interests of justice...

Sole employer interpretation: Cachalia AJ dissenting

by GilesFiles | Jul 26, 2018 | 2018, 2018, Appeals, Causes and defences, ConCourt judges, Constitutional Court, Courts, Interpretation etc, Judges, Labour Relations, Landmark judgments, Legal Practice, LRA 1995, LRA 8b: 185-186(2) Practices, LRA 9: 198-213 General, Operation of law, Parties, Practices (LRL 9), Reforms required, Resolving disputes (LRL 3), Sectors, Statutes (LRL 2)-work, Termination (LRL 8), TES - LRA 198, Topics | 0 |

Assign Services (Pty) Ltd v Numsa Cachalia AJ maintains that the sole employer interpretation adopted in the majority judgment forces employees into a new relationship without their consent and on terms of employment to which...

Status changed legally: Sole employer after 3 months

by GilesFiles | Jul 26, 2018 | 2018, 2018, Appeals, Causes and defences, ConCourt judges, Constitutional Court, Courts, Interpretation etc, Judges, Labour Relations, Landmark judgments, LRA 1995, LRA 9: 198-213 General, Operation of law, Parties, Reforms required, Resolving disputes (LRL 3), 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,...

Reclaiming rights to communal land

by GilesFiles | Dec 13, 2016 | 2016, Statutes (LRL 2)-work, Supreme Court of Appeal | 0 |

With Cachalia JA dissenting forcibly, a majority of the SCA disallowed an appeal by 16 landowners against an order of the Land Claims Court (the LCC). It concerned a dispute over land rights in respect of a portion of land once...

Rates policy: Council’s rates resolution equitable

by GilesFiles | Dec 1, 2015 | 2015, Bill of Rights, Community schemes, Discrimination (LRL 11), John Murphy, Miscellaneous, philosophy / economics, Supreme Court of Appeal, Words & phrases | 0 |

Blair Atholl Homeowners Association v The City of Tshwane Metropolitan Municipality (20634/2014) [2015] ZASCA 195 (1 December 2015) per Cachalia JA (Lewis, Tshiqi, Pillay and Dambuza JJA concurring) The Supreme Court of Appeal...

Conflicting financial interests: Dismissal valid & fair

by GilesFiles | Sep 5, 2013 | 2014 and earlier, 2015 and earlier, Appeals, Appeals - leave, Awards -s145 see also Sidumo, Causes and defences, Contractual breach, Costs, Courts, Disallowed, Finance, Gross misconduct, Judges, Jurisdiction & powers, Labour Relations, Landmark judgments, Legal Practice, LRA 1995, LRA 7: 112-184 Dispute, LRA 8a: 185-197B Dismissal, LRA C: 133-150 CCMA, Misconduct & incapacity, MJD Wallis, Orders, Parties, Private enterprises, Resolving disputes (LRL 3), Review tests, Risks, Sectors, Sidumo - see also awards s 145, Statutes (LRL 2)-work, Statutory, Supreme Court of Appeal, Termination (LRL 8), Topics, Trust & confidence | 0 |

H v Nedbank Ltd What approach must be adopted when reviewing an award and how should conflicting financial interests and failure to disclose that conflict be resolved? “[26] We return to this case. As we indicated earlier,...

Tag: Azhar Cachalia