concurrent jurisdiction Archives

Delictual damages claim: Settlement agreement?

by GilesFiles | Oct 17, 2022 | 2020 onwards, Applications, BCEA 1997 (LRL 10), BCEA 77(3) & 77A(e), Causes and defences, Costs, Courts, Declaratory, Delict, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, LRA 7: 112-184 Dispute, Mining, Orders, Parties, Private enterprises, Resolving disputes (LRL 3), Review tests, Roman Dutch law, Sectors, Settlement agreements, 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,...

Contractual right to hearing: Cause of action?

by GilesFiles | Sep 27, 2022 | 2020 onwards, Appeals, Appeals - leave, Applications, BCEA 1997 (LRL 10), BCEA 77(3) & 77A(e), Causes and defences, Conduct & capability, Contractual breach, Costs, Courts, Declaratory, Disallowed, Evidence & onus, Government, Hearing procedure, Interpretation etc, Judges, Labour Appeal Court, Labour Relations, LAC judges, Lawfulness & fairness, Legal Practice, Legality principle, Legislation, LRA 1995, LRA 7: 112-184 Dispute, LRA 8a: 185-197B Dismissal, Management, Municipal, Municipal managers, Objective - correctness, Operation of law, Orders, Parties, Policies - all, Resolving disputes (LRL 3), Review tests, Roland Sutherland, Rules Codes & Manual, Sectors, Specific performance, 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,...

Employment jurisdictional issues: Unfair labour practices

by GilesFiles | Nov 17, 2021 | 2020 onwards, Allowed, Appeals, Appeals - leave, Applications, BCEA 77(3) & 77A(e), Causes and defences, Central, Costs, Courts, Declaratory, Evidence & onus, General, Government, Interpretation etc, Judges, Jurisdiction & powers, Labour Relations, Legal Practice, Legitimate expectations, LRA 1995, LRA 7: 112-184 Dispute, LRA 8b: 185-186(2) Practices, Orders, Parties, Resolving disputes (LRL 3), SCA judges, Sectors, Special pleas, State organs, Statutes (LRL 2)-work, Statutory, Supreme Court of Appeal, Topics | 0 |

NPA v Psa obo Meintjies and 55 others Employment jurisdictional issues considered by the SCA and the majority judgment concluded that “the high court did not have jurisdiction to hear the matter. It had no power or...

Concurrent jurisdiction considered: Unlawful termination?

by GilesFiles | Dec 4, 2020 | 2020 onwards, 2020 onwards, Allowed, Appeals, Appeals - leave, BCEA 1997 (LRL 10), Causes and defences, ConCourt judges, Conduct & capability, Constitutional Court, Contractual breach, Costs, Courts, Declaratory, Fixed-term, General, Government, Interpretation etc, Judges, Jurisdiction & powers, L Theron, Labour Relations, Landmark judgments, Lawfulness & fairness, Legal Practice, Legality principle, LRA 1995, LRA 7: 112-184 Dispute, LRA 8a: 185-197B Dismissal, Orders, Parties, Resolving disputes (LRL 3), Review tests, Sectors, Special pleas, State organs, State Owned Enterprises, Statutes (LRL 2)-work, 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,...

Enforcing contractual rights: Lawfulness and fairness

by GilesFiles | Nov 25, 2019 | 2019, Appeals, Applications, BCEA 1997 (LRL 10), BCEA 77(3) & 77A(e), Causes and defences, Conduct & capability, Contractual breach, Courts, F Kathree-Setiloane, General, Interpretation etc, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, Lawfulness & fairness, Legal Practice, LRA 1995, LRA 7: 112-184 Dispute, LRA 8a: 185-197B Dismissal, Parties, Resolving disputes (LRL 3), Sectors, Special pleas, Statutes (LRL 2)-work, Termination (LRL 8), Topics, Universities and schools | 0 |

Archer v Pinelands High School Enforcing contractual rights is distinct from a cause of action based on the statutory right ‘not to be unfairly dismissed’ which means that former employees may pursue two claims...

Tag: concurrent jurisdiction

Delictual damages claim: Settlement agreement?

Contractual right to hearing: Cause of action?

Employment jurisdictional issues: Unfair labour practices

Concurrent jurisdiction considered: Unlawful termination?

Enforcing contractual rights: Lawfulness and fairness