damages Archives

Admitting affidavit evidence: Proceedings action or motion?

by GilesFiles | Apr 23, 2021 | 2020 +, Applications, Appointed LC judges, BCEA 1997, BCEA 77(3) and 77A(e), Central, Courts, Declaratory, Dispute Resolution (LRL 3), Evidence and onus, Factual disputes, Government, Judges, Labour Court, Labour Court judges, Labour Relations, Labour Relations Act 1995, LC Rules, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, Orders, Orders re costs, Organs of state, Parties, Rules, Sectors, Statutes (LRL 2) - work law, Topics, Totality, Uniform High Court | 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,...

Fiduciary duty breached: Wrongful conduct discussed

by GilesFiles | Sep 2, 2020 | 2020 +, appeal, Appeals, Cause: general, Common Law, Courts, Declaratory, Exceptions/special pleas, Granted, Judges, Jurisdiction and powers, Legal Practice, MJD Wallis, Orders, Parties, Roman Dutch law principles, SCA judges, Supreme Court of Appeal, Topics, Trustees | 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,...

Age discrimination proved: Twin causes of action

by GilesFiles | May 18, 2020 | 2020 +, Acting LAC judges, Appeals, Automatically unfair - s187, BCEA 1997, Cause: statute, Common Law, Courts, Dispute Resolution (LRL 3), Judges, Labour Appeal Court, Labour Relations, Labour Relations Act 1995, LAC judges, 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,...

Maternity leave discrimination: Alternative position denied

by GilesFiles | May 18, 2020 | 2020 +, Acting LAC judges, Bill of Rights, Courts, Dignity equality freedom, Discrimination (LRL 11), Dispute Resolution (LRL 3), EEA Chpt II ss 5-11, EEA Chpt V ss 34-52, Employment Equity (LRL 12), Employment Equity Act 1998, Judges, Kate Savage, Labour Appeal Court, Labour Relations, Labour Relations Act 1995, LAC judges, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, LRA Chpt: 8a: s185-197B Dismissals, Parties, Private enterprises, 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,...

Vicarious liability theft: Exclusionary clause?

by GilesFiles | Mar 25, 2020 | 2020 +, Cause: delict, Common Law, Courts, Exceptions/special pleas, High Court, High Court judges, Interpretation and application, Judges, Legal Practice, Orders, Parties, Sectors, Special pleas, Statement of claim, 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,...

Compensation order confusing: Appeal struck off

by GilesFiles | Feb 20, 2020 | 2020 +, Acting LAC judges, Appeals, Automatically unfair - s187, Awards -s145, Compensation, Conduct or capacity, Courts, Discrimination (LRL 11), Dispute Resolution (LRL 3), EEA Chpt II ss 5-11, EEA Chpt V ss 34-52, Employment Equity Act 1998, Evidence and onus, Government, irregular proceeding, Judges, Labour Appeal Court, Labour Relations, Labour Relations Act 1995, LAC judges, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, LRA Chpt: 8a: s185-197B Dismissals, Municipal, New evidence, Objective or correct, Orders, Parties, Review tests, Rules, Sectors, Sidumo - reasonableness, Statutes (LRL 2) - work law, Struck off, Termination & dismissal (LRL 8), Topics | 0 |

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Unprotected strike damages: Appeal not reinstated

by GilesFiles | Dec 12, 2018 | 2018, Acting LAC judges, Courts, Dispute Resolution (LRL 3), Judges, Labour Appeal Court, Labour Relations, LAC judges, Logistics, Parties, Power plays (LRL 6), Sectors, Strike - unprotected, Topics, Trade unions | 0 |

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Unlawful not unfair dismissal: Loss must be proved

by GilesFiles | Jun 28, 2016 | 2016, B Waglay, Basic Conditions (LRL 10), Common Law, Courts, John Murphy, Judges, Labour Appeal Court, Termination & dismissal (LRL 8), Words & phrases | 1 |

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Stolen identity: Damages for unlawful arrest and detention

by GilesFiles | Jun 13, 2016 | 2016, Miscellaneous | 0 |

The High Court awarded damages of R300,000 against the Minister of Police because it had been assumed that a citizen had acted fraudulently. But in a sense her identity had been ‘stolen’ and another person living in a different...

Leave to appeal: Late filing not condoned

by GilesFiles | Apr 20, 2016 | 2016, Appeals, Condonation, Courts, Judges, Labour Court | 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,...

Professional negligence: Assessing contractual damages

by GilesFiles | Nov 24, 2015 | 2015, Cause: contractual breach, Common Law, Courts, Dispute Resolution (LRL 3), High Court, High Court judges, Judges, Labour Relations, Legal Practice, Miscellaneous, Topics | 0 |

Sutherland v Drake Flemmer & Orsmond Inc (1576/2015) [2015] ZAECPEHC 65 (24 November 2015) per Revelas J. The High Court refused to uphold the attorneys’ argument that the plaintiff can only claim damages by referring to the...

Protest losses: Union agrees to pay farmers

by GilesFiles | Sep 25, 2015 | Agriculture, Common Law, Dispute Resolution (LRL 3), Organisations (LRL 4), Protest action, Trade unions | 0 |

The Commercial, Stevedoring, Agricultural and Allied Workers union (Csaawu) faced bankruptcy after two Labour Court judgements in 2014 awarded costs amounting to nearly R600,000 against it. The cases arose from the protests on...

Tag: damages