counterclaims Archives

Counterclaiming substantial damages: Lawfulness and fairness

by GilesFiles | Sep 13, 2024 | 2020 onwards, Applications, Awards -s145 see also Sidumo, BCEA 1997 (LRL 10), BCEA 77(3) & 77A(e), Causes and defences, Central, Conduct & capacity, Connie Prinsloo, Contractual breach, Costs, Courts, Declaratory, Delict, Evidence & onus, Fixed-term, Government, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Lawfulness & fairness, Legal Practice, Legislation, LRA 1995, Objective - correctness, Orders, Parties, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, Selected judges, State Owned Enterprises, Statutes (LRL 2)-work, Statutory, 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,...

Counter claims examined: Alleged contractual breaches

by GilesFiles | Jan 29, 2020 | 2020 onwards, André van Niekerk, Applications, BCEA 1997 (LRL 10), Construction industry, Courts, Exceptions/special pleas, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Orders, Parties, Pleadings: amending, Private enterprises, 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,...

Inspecting internal documents: Employer ordered to disclose

by GilesFiles | Nov 1, 2018 | 2018, Causes and defences, Courts, High Court, Interpretation etc, Judges, Legal Practice, 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,...

Subpoena set aside: Compelling discovery

by GilesFiles | Apr 20, 2016 | 2016, Allowed, Appeals, Appeals - leave, Courts, Evidence & onus, John Murphy, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, LC Rules-old, Legal Practice, LRA 1995, LRA 7: 112-184 Dispute, Orders, Rules Codes & Manual, Statutes (LRL 2)-work, Topics | 1 |

Mogwele Waste (Pty) Ltd v Brynard (CA15/2015) [2016] ZALAC 104 ; (2016) ILJ 2051 (LAC) 20 April 2016 per Murphy AJA ( Waglay JP and Tlaletsi DJP concurring) The LAC allowed the employer’s appeal and reversed the order of...

Damages counterclaim allowed: Related to employment

by GilesFiles | Nov 8, 2012 | 2014 and earlier, Allowed, Appeals, Appeals - leave, Applications, B Waglay, BCEA 1997 (LRL 10), BCEA 77(3) & 77A(e), Causes and defences, Courts, Delict, Exceptions/special pleas, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, LRA 1995, LRA 7: 112-184 Dispute, Orders, Parties, Sectors, Special pleas, State organs, Statutes (LRL 2)-work, Topics | 0 |

Rand Water v Stoop Damages counterclaim allowed by LAC and overturned decision of the labour court which did not believe that the employer had a right to counterclaim for damages based on delict. “This is an appeal against...

Tag: counterclaims

Counterclaiming substantial damages: Lawfulness and fairness

Counter claims examined: Alleged contractual breaches

Inspecting internal documents: Employer ordered to disclose

Subpoena set aside: Compelling discovery

Damages counterclaim allowed: Related to employment