constitutional values and rights Archives

Restraint partially enforced: Key principles outlined

by GilesFiles | Sep 17, 2024 | 2020 onwards, AA - Resources generally, Applications, BCEA 1997 (LRL 10), BCEA 77(3) & 77A(e), Bill of Rights, Causes and defences, Contractual breach, Costs, Courts, Declaratory, Evidence & onus, Free and fair, Granted, Insights, Interdicts & rules, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, LRA 1995, LRA 7: 112-184 Dispute, LRA D: 151-166 LC, Management, Markets in SA, Orders, Parties, Personal services, Private enterprises, Protectable interests, Resolving disputes (LRL 3), Restraints, RGO Lagrange, Rules Codes & Manual, Sectors, Selected judges, 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,...

Tax directive considered: No severance benefits

by GilesFiles | Mar 12, 2021 | 2020 onwards, Applications, BCEA 77(3) & 77A(e), Causes and defences, Contractual breach, Costs, Courts, High Court, High Court judges, Insights, Interpretation etc, Judges, Legal Practice, Management, Mutual termination, Orders, Parties, Policies - all, Private enterprises, Resignations, Sectors, Settlement agreements, Termination (LRL 8), Topics | 0 |

T v Exclusive Books Group (Pty) Ltd Tax directive considered by high court and decided that employment was not terminated because of reaching 55 years of age and therefore his receipt of the money had nothing to do with his age...

Performance bonus denied: Benefit and fair discretion

by GilesFiles | Feb 21, 2018 | 2020 onwards, Awards -s145 see also Sidumo, Courts, Declaratory, Evidence & onus, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, LRA 1995, LRA 7: 112-184 Dispute, LRA 8b: 185-186(2) Practices, Manufacturing, Objective - correctness, Orders, Parties, Practices (LRL 9), Resolving disputes (LRL 3), Review tests, Sean Snyman, Sectors, Sidumo - see also awards s 145, State organs, State Owned Enterprises, Statutes (LRL 2)-work, Thresholds, Topics, Warnings | 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,...

Public policy and values: Avoid illegal or unlawful

by GilesFiles | Sep 7, 2016 | Bill of Rights, Causes and defences, Dignity equality freedom, Impossible or illegal, Insights, philosophy / economics, Public policy, Roman Dutch law, Topics | 1 |

The doctrine of pacta sunt servanda still operates but courts may refuse to enforce contractual terms that conflict with the constitutional values, even if the parties agreed to them. It is arguably now confusing to describe...

Foundational values: Distinguishing Constitutional rights

by GilesFiles | Mar 25, 2016 | Bill of Rights, Discrimination (LRL 11), Employ Equity (LRL 12), Insights, philosophy / economics, Thought Leaders | 0 |

Prof Darcy du Toit’s most recent article The Right to Equality versus Employer ‘Control’ and Employee ‘Subordination’: Are Some More Equal Than Others? (2016) 37 ILJ 1-27 is erudite, interesting and important. The right to...

Proportional limitations considered: Incommensurability

by GilesFiles | Jul 31, 2015 | AF - Internal equity external parity, Insights, Pay differentials, Reforms required, Statutes (LRL 2)-work, Words & phrases, Work Science Institute | 1 |

The word means ‘something that cannot be compared or measured, especially a quality or a mathematical value’. Section 27 of the Employment Equity Act (EEA) obliges employers to eliminate ‘disproportionate income differentials’...

Rule of law: Populist messages

by GilesFiles | Jun 27, 2012 | Legality principle, Words & phrases | 0 |

To quote Paul Hoffman ‘anarchy and a failed state in which stability and security are severely compromised are staring SA in the face’. Yesterday Business Day were the first to publish an article by Paul Hoffman,...

Rule of Law: Realise constitutional values

by GilesFiles | Feb 16, 2012 | Bill of Rights, Dignity equality freedom, Legality principle, philosophy / economics, Topics | 2 |

Much of the heat is generated by a failure to comprehend the equal obligations of all three arms of government.

Common law refashioning: Fundamental constitutional values

by GilesFiles | Nov 17, 2011 | 2014 and earlier, 2015 and earlier, Appeals - leave, Bill of Rights, Causes and defences, ConCourt judges, Constitutional Court, Courts, Interpretation etc, Judges, Landmark judgments, Legal Practice, Parties, Private enterprises, Public policy, Retired 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,...

Natural justice considered: unfair labour practices

by GilesFiles | Mar 28, 2010 | 2014 and earlier, 2015 and earlier, Banks, Bill of Rights, Courts, Interpretation etc, Judges, Labour Relations, Landmark judgments, MJD Wallis, Practices (LRL 9), SCA judges, Supreme Court of Appeal, Terms & conditions, Topics | 0 |

De Lange v Absa Makelaars (262/09) [2010] ZASCA 21 (23 March 2010). In a very recent unanimous decision the Supreme Court of Appeal [“SCA”] incorporated an implied or tacit term of natural justice (audi alteram...

Conflicting interests considered: Meetings of directors

by GilesFiles | Jun 11, 2009 | 2014 and earlier, Applications, Associations/corporates, Causes and defences, Confirmed, Costs, Courts, Declaratory, Evidence & onus, General, Granted, High Court, High Court judges, Insights, Interdicts & rules, Interpretation etc, Judges, Legal Practice, Legislation, Management, Orders, Parties, Rule nisi, Sectors, Special pleas, State Owned Enterprises, Statutory, Topics, Urgency | 0 |

SABC Ltd v Dali Mpofu Conflicting interests considered and full bench of high court comfirmed that where there a dispute exists between the majority and minority shareholder directors of a private company, the majority cannot...

Causes of Action: Cause for Concern?

by GilesFiles | Aug 25, 2008 | Causes and defences, Contractual breach, Delict, FAQ, Insights, Legislation, Legitimate expectations, Termination (LRL 8), Topics | 0 |

What are the main causes of action in terms of the South African Common Law and the Labour Statutes? Is there a danger of Judges over-stepping the mark in developing the Common Law? Should Judges have more respect for...

Tag: constitutional values and rights