Tag: Constitutional subsidiarity

Recognition agreement cancelled: Invalid union membership

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Reciprocal contractual obligations: Duty to disclose transfer?

Maoke v Telkom (Soc) Ltd (CPIC) Reciprocal contractual obligations of trust and confidence arise impliedly and have been accepted by the SCA as part of our law and in this matter the claim should have alleged that Telkom...

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Fair labour practices: Meaning of ‘everyone’ in s 23(1)

Pretorius v Transport Pension Fund The constitutional court has dealt with a number of very important issues, including the right to fair labour practices. “Contemporary labour trends highlight the need to take a broad...

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Religious doctrine: Arbitration appropriate

De Lange v Presiding Bishop of the Methodist Church of Southern Africa for the time being (CCT223/14) [2015] ZACC 35 (24 November 2015) per Moseneke DCJ [unanimous] According to the media summary the Constitutional Court refused...

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Constitutional subsidiarity defined: Supporting role

Cameron J in My Vote Counts NPC v Speaker of the National Assembly  (CCT121/14) [2015] ZACC 31 (30 September 2015) at para [53] of minority judgment. “These considerations yield the norm that a litigant cannot directly...

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LRA primary objects: Extending collective agreements

O Thorpe Construction v Minister  of Labour (9380/2013) [2014] ZAWCHC 140; (2015) 36 ILJ 935 (WCC) (9 September 2014) per Davis J. The High Court upheld the point in limine and found that it did not have jurisdiction after...

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