Constitution 22 Archives

Certificate of Need Scheme: Unconstitutional sections

by GilesFiles | Jul 24, 2024 | Causes and defences, Costs, Courts, Interpretation etc, Judges, Jurisdiction & powers, Labour Relations, Legal Practice, Legislation, LRA 1995, LRA 7: 112-184 Dispute, LRA D: 151-166 LC, Orders, Parties, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, 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,...

Enforcing restraint agreement: Crafting narrow restraint

by GilesFiles | Jan 23, 2024 | 2020 onwards, Appeals, BCEA 1997 (LRL 10), BCEA 77(3) & 77A(e), Causes and defences, Contractual breach, Costs, Courts, Declaratory, Dennis Davis, Disallowed, Finance, Insights, Interpretation etc, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, Legislation, LRA 7: 112-184 Dispute, LRA D: 151-166 LC, Management, Orders, Parties, Private enterprises, Protectable interests, Resolving disputes (LRL 3), Restraints, Rules Codes & Manual, Sectors, Selected judges, 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,...

Restraint agreement enforced: 24 months reasonable

by GilesFiles | Aug 17, 2023 | 2020 onwards, Appeals, Appeals - leave, Applications, BCEA 77(3) & 77A(e), Bill of Rights, Causes and defences, Contractual breach, Costs, Courts, Declaratory, Dennis Davis, Disallowed, Granted, Insights, Interdicts & rules, Interpretation etc, Judges, Jurisdiction & powers, Just and equitable, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, Logistics, Objective - correctness, Orders, Parties, Private enterprises, Protectable interests, Public policy, Resolving disputes (LRL 3), Restraints, Review tests, Rules Codes & Manual, Sectors, Selected judges, 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,...

Unreasonable restraint altered: Lesser restrictions imposed

by GilesFiles | Aug 17, 2023 | 2020 onwards, Allowed, Appeals, Appeals - leave, Bill of Rights, Causes and defences, Contractual breach, Costs, Courts, Declaratory, Dignity equality freedom, Insights, Interpretation etc, Judges, Labour Appeal Court, LAC judges, Legal Practice, Objective - correctness, Orders, Parties, Personal services, Private enterprises, Protectable interests, Public policy, Restraints, Review tests, 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,...

Protected interest considered: Restraint covenant?

by GilesFiles | Nov 8, 2022 | 2020 onwards, Applications, BCEA 1997 (LRL 10), BCEA 77(3) & 77A(e), Causes and defences, Contractual breach, Costs, Courts, Declaratory, Insights, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, LRA 1995, LRA 7: 112-184 Dispute, MPN Nkutha-Nkontwana, Orders, Parties, Personal services, Private enterprises, Protectable interests, Resolving disputes (LRL 3), Restraints, Rules Codes & Manual, 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,...

Precautionary suspension considered: Right to extend?

by GilesFiles | Oct 12, 2022 | 2020 onwards, André van Niekerk, Applications, BCEA 1997 (LRL 10), BCEA 77(3) & 77A(e), Causes and defences, Central, Contractual breach, Costs, Courts, Declaratory, Government, Insights, 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, Management, Orders, Parties, Refused, Resolving disputes (LRL 3), Risks, Rules Codes & Manual, Sectors, State organs, Statutes (LRL 2)-work, Statutory, Suspensions, 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,...

Unenforceable trade restraint: Individual freedom?

by GilesFiles | Aug 12, 2022 | 2020 onwards, Applications, Bill of Rights, Causes and defences, Consumer protection, Contractual breach, Costs, Courts, Declaratory, Dignity equality freedom, Evidence & onus, Finance, Free and fair, Insights, Interdicts & rules, Judges, Labour Court, Labour Court judges, Labour Relations, LC Rules, Legal Practice, LRA 1995, LRA 7: 112-184 Dispute, Markets in SA, MPN Nkutha-Nkontwana, Orders, Parties, Private enterprises, Protectable interests, Public policy, Refused, Resolving disputes (LRL 3), Restraints, Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, Topics, Urgency | 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,...

Restraint agreement transfer: LRA and BCEA context

by GilesFiles | Aug 10, 2022 | 2020 onwards, Applications, BCEA 1997 (LRL 10), BCEA 77(3) & 77A(e), Bill of Rights, Causes and defences, Connie Prinsloo, Contractual breach, Costs, Courts, Declaratory, Evidence & onus, Hospitality, Insights, Interdicts & rules, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, LRA 1995, LRA 7: 112-184 Dispute, Orders, Parties, Personal services, Private enterprises, Protectable interests, Resolving disputes (LRL 3), Restraints, Sectors, 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,...

Employment merger conditions: Specific to dismissals

by GilesFiles | Jun 17, 2022 | Allowed, Appeals, Appeals - leave, Bill of Rights, Causes and defences, Common law, Competition Appeal Court, Consumer protection, Costs, Courts, Declaratory, Evidence & onus, Insights, Interpretation etc, Judges, Jurisdiction & powers, Labour Relations, Legal Practice, Legality principle, Legislation, Logistics, LRA 1995, LRA 7: 112-184 Dispute, LRA 8a: 185-197B Dismissal, Manufacturing, Markets in SA, Orders, Parties, philosophy / economics, Private enterprises, Protectable interests, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics | 0 |

Competition Commission v Coca-Cola Beverages Africa (Pty) Ltd In what manner is Commission required to act when performing oversight regarding compliance with employment merger conditions? “[61] Sight cannot be lost that...

Municipal manager reinstated: Appointment letter clear

by GilesFiles | May 4, 2021 | 2020 onwards, Applications, Conduct & capability, Courts, Evidence & onus, Government, High Court, High Court judges, Interpretation etc, Judges, Jurisdiction & powers, Labour Relations, Lawfulness & fairness, Legal Practice, LRA 1995, LRA 7: 112-184 Dispute, LRA 8a: 185-197B Dismissal, Municipal, Municipal managers, Operation of law, Orders, Parties, Resolving disputes (LRL 3), Sectors, Specific performance, Statutes (LRL 2)-work, Termination (LRL 8), Topics, Trust & confidence | 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,...

Protectable interests examined: Unrealistic threat?

by GilesFiles | Feb 24, 2020 | 2020 onwards, A G Binns-Ward, Applications, Bill of Rights, Causes and defences, Contractual breach, Courts, Declaratory, Evidence & onus, High Court, High Court judges, Interdicts & rules, Judges, Jurisdiction & powers, Legal Practice, Markets in SA, Orders, Parties, philosophy / economics, Private enterprises, Protectable interests, Public policy, Refused, Restraints, Sectors, Topics, Urgency | 0 |

Truworths Ltd v de Bruyn Protectable interests examined and high court decided that while the skills and experience developed as a buyer while in the employ of Truworths will be of practical benefit to adidas under her new...

Body corporate ban: Unlawful – external party

by GilesFiles | Feb 4, 2020 | 2020 onwards, Applications, BC and HOAs, Bill of Rights, Causes and defences, Common law, Community schemes, Courts, Declaratory, High Court, High Court judges, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, Orders, Parties, Review tests, Sectors, Statutory, Topics | 0 |

BAE Estates and Escapes (Pty) Ltd v Trustees: Legacy Body Corporate High Court was satisfied that the body corporate acted beyond its powers or arbitrarily in purporting to ban the applicant entirely from all or any dealings...

Tag: Constitution 22