covid-19 pandemic Archives

Costs broad discretion: Ongoing relationship considered

by GilesFiles | Jul 23, 2021 | 2020 +, Acting LAC judges, appeal, Appeals, Central, Courts, Dispute Resolution (LRL 3), Evidence and onus, Government, Judges, Labour Appeal Court, Labour Relations, Labour Relations Act 1995, LAC judges, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, Mining, Orders, Orders re costs, Organs of state, Parties, Sectors, Statutes (LRL 2) - work law, Termination & dismissal (LRL 8), Topics, Trade unions, Zungu doctrine | 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,...

Bringing constitutional challenge: Specificity and clarity

by GilesFiles | Jul 1, 2021 | 2020 +, 2020 +, appeal, Appeals, Bill of Rights, Central, Courts, Dignity equality freedom, Exceptions/special pleas, Government, Granted, Interpretation and application, Judges, Jurisdiction and powers, Landmark judgments, Legal Practice, Legislation, MML Maya, Orders, Orders re costs, SCA judges, Sectors, Special pleas, Supreme Court of Appeal, Topics, Uniform High Court, Urgency | 0 |

Minister of Cooperative Governance & Traditional Affairs v De Beer Bringing constitutional challenge considered by SCA and in allowing the appeal it was stated in para [116] ‘The constitutional challenge made to the...

Collective agreement extended: Reviewed and set aside

by GilesFiles | May 10, 2021 | 2020 +, Appointed LC judges, Associations & corporate bodies, Courts, Declaratory, Dispute Resolution (LRL 3), Interpretation and application, Judges, Labour Court, Labour Court judges, Labour Relations, Labour Relations Act 1995, Legal Practice, Legality principle, Legislation, LRA Chpt: 3: s11-63 Collective Bargaining, LRA Chpt: 7: s112-184 Dispute resolution, Orders, Organs of state, PAJA 2000, Parties, Review tests, Rulings - s158(1)(g), Sectors, Statutes (LRL 2) - work law, 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,...

Business interruption insurance: Losses indemnified

by GilesFiles | Nov 20, 2020 | 2020 +, Applications, Cause: contractual breach, Common Law, Courts, Declaratory, Evidence and onus, Finance, High Court, High Court judges, Interpretation and application, Judges, Jurisdiction and powers, Legal Practice, Onus of proof, Orders, Parties, Private enterprises, Sectors, Topics, Urgency | 0 |

Grassy Knoll Trading 78 CC v Guardrisk Insurance Co Ltd High Court decided that the interpretation of the insurance policy adopted in Ma-Afrika Hotels is consistent with the decision in Café Chameleon and the findings in FCA in...

Unprotected strike interdicted: Collective agreement terms

by GilesFiles | Nov 18, 2020 | 2020 +, Applications, Appointed LC judges, Bill of Rights, Collective agreements, Collective Bargaining (LRL 5), Courts, Declaratory, Dispute Resolution (LRL 3), Edwin Tlhotlhalemaje, Granted, Interdicts and rule nisi, Interpretation and application, Judges, Jurisdiction and powers, Labour Court, Labour Court judges, Labour Relations, Labour Relations Act 1995, Legal Practice, LRA Chpt: 4: s64-77 Strikes & lockouts, LRA Chpt: 7: s112-184 Dispute resolution, Manufacturing, Orders, Parties, Power plays (LRL 6), Rules, Sectors, Statutes (LRL 2) - work law, Strike - unprotected, Topics, Trade unions, 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,...

Unprotected industrial action: Health and safety concerns

by GilesFiles | Sep 7, 2020 | 2020 +, Agriculture, Applications, Appointed LC judges, Confirmed, Courts, Dispute Resolution (LRL 3), Edwin Tlhotlhalemaje, Evidence and onus, Granted, granted, Interdicts and rule nisi, Interim relief, Judges, Labour Court, Labour Court judges, Labour Relations, Labour Relations Act 1995, Legal Practice, LRA Chpt: 4: s64-77 Strikes & lockouts, Manufacturing, Orders, Orders re costs, Parties, Plascon-Evans rule, Power plays (LRL 6), Rule nisi, Sectors, Statutes (LRL 2) - work law, Strike - unprotected, Topics, Trade unions, 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,...

Mutual separation package: Vulnerable employees exploited?

by GilesFiles | Aug 11, 2020 | 2020 +, André van Niekerk, Applications, Appointed LC judges, Courts, Declaratory, Dispute Resolution (LRL 3), Exceptions/special pleas, Interdicts and rule nisi, Interpretation and application, Judges, Jurisdiction and powers, Labour Court, Labour Court judges, Labour Relations, Labour Relations Act 1995, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, Mining, Orders, Parties, Refused, Sectors, Special pleas, Statutes (LRL 2) - work law, Topics, Trade unions | 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,...

Remote hearing refused: Microsoft Teams or Zoom

by GilesFiles | Aug 7, 2020 | 2020 +, Applications, Courts, High Court, High Court judges, Judges, Legal Practice, Orders, Parties, Postponements, Rules, Topics | 0 |

Union-Swiss (Pty) Ltd v Govender (Royal Brighton) Remote hearing refused by High Court after considering various directives and some case law from Canada and Australia mainly because the plaintiff was unable to show why the...

Protected strike action: Payment of full salaries

by GilesFiles | Jun 19, 2020 | Courts, Dispute Resolution (LRL 3), Judges, Labour Relations, Labour Relations Act 1995, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, LRA Chpt: 8a: s185-197B Dismissals, Parties, Sectors, Statutes (LRL 2) - work law, Termination & dismissal (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,...

Supervision and business rescue: Management and control

by GilesFiles | Jun 3, 2020 | 2020 +, Applications, business rescue, Cause: statute, Common Law, Consumer protection, Courts, Declaratory, Evidence and onus, Exceptions/special pleas, High Court, High Court judges, Hospitality, Interpretation and application, Judges, Jurisdiction and powers, Legal Practice, Legislation, Orders, Parties, Private enterprises, Sectors, Special pleas, Topics, Urgency | 0 |

Matshazi v Mezepoli Melrose Arch (Pty) Ltd Supervision and business rescue and high court rejected the contention that the applications were brought for an ulterior purpose in order to wrest control from the current management...

Tag: covid-19 pandemic