Damages Archives - GilesFiles

Contractual & delictual damages: Claims prescribed

by GilesFiles | Jul 4, 2024 | 2020 onwards, Appeals, Appeals - leave, Applications, BCEA 1997 (LRL 10), BCEA 77(3) & 77A(e), Causes and defences, Central, Contractual breach, Costs, Courts, Declaratory, Delict, Disallowed, Government, Interpretation etc, Judges, Jurisdiction & powers, Labour Relations, Legal Practice, Legislation, LRA 1995, Orders, Parties, Resolving disputes (LRL 3), SCA judges, Sectors, State Owned Enterprises, Statutes (LRL 2)-work, Supreme Court of Appeal, 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 and damages considered: LRA s189A(13)(d)

by GilesFiles | Jun 12, 2024 | 2020 onwards, Applications, Causes and defences, Costs, Courts, Declaratory, erroneously sought, Fixed-term, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, Logistics, LRA 1995, LRA 8a: 189 and 189A see Termination, Operation of law, Operational reasons, Orders, Parties, Personal services, Private enterprises, Resolving disputes (LRL 3), Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, Statutory, Termination (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,...

Penalty stipulation enforced: Onus not discharged

by GilesFiles | May 7, 2024 | 2020 onwards, AB - Law generally, Allowed, Appeals - leave, Applications, Causes and defences, Contractual breach, Costs, Courts, Declaratory, Evidence & onus, High Court, High Court judges, Insights, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, Legislation, Logistics, Management, Orders, Parties, Private enterprises, Protectable interests, Restraints, Risks, Sectors, Statutory, 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,...

Damage during protected strike: Just and equitable compensation?

by GilesFiles | Apr 29, 2024 | 2020 onwards, Appeals, Appeals - leave, Causes and defences, Costs, Courts, Declaratory, Delict, Disallowed, Evidence & onus, Interpretation etc, Judges, Jurisdiction & powers, Kate Savage, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, Legality principle, Legislation, LLAA 10/18, LRA 1995, LRA 4: 64-77 Strikes, Objective - correctness, Orders, Parties, Pleadings, Power plays (LRL 6), Private enterprises, Resolving disputes (LRL 3), Review tests, Roman Dutch law, Sectors, Selected judges, Statutes (LRL 2)-work, Statutory, Strike - protected, Strike s68 unprotected, Topics, Trade | 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,...

Disgorging secret profits: Secondment agreements

by GilesFiles | Apr 11, 2024 | 2020 onwards, Appeals, Appeals - leave, Applications, BCEA 1997 (LRL 10), BCEA 77(3) & 77A(e), Causes and defences, Contractual breach, Costs, Courts, Declaratory, Delict, Disallowed, Finance, General, Interpretation etc, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, Lawfulness & fairness, Legal Practice, Orders, Parties, Personal services, Private enterprises, Resolving disputes (LRL 3), Sectors, Terms & conditions, Topics, Words & phrases | 0 |

RFS Administrator v SLS and others What are legal requirements when claim relates to disgorging secret profits and what is effect of secondment agreement? “[62] In order to succeed with its claim for disgorgement of...

Seeking specific performance: Exercising discretion?

by GilesFiles | Mar 26, 2024 | 2020 onwards, Appeals, Appeals - leave, Applications, B Waglay, BCEA 1997 (LRL 10), BCEA 77(3) & 77A(e), Causes and defences, Contractual breach, Costs, Courts, Declaratory, Disallowed, Fixed-term, Interpretation etc, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, Lawfulness & fairness, Legal Practice, Legislation, Logistics, LRA 1995, Objective - correctness, Orders, Parties, Reinstatement, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, Selected judges, Specific performance, State Owned Enterprises, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics, Transport & communication | 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,...

Intentional criminal conduct: Vicarious liability confirmed

by GilesFiles | Mar 4, 2024 | 2020 onwards, Causes and defences, Central, Costs, Courts, Declaratory, Delict, Government, High Court, High Court judges, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, Orders, Parties, Roman Dutch law, Sectors, State organs, Topics, Vicarious liability | 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,...

Deciding dispute merits: Res judicata and issue estoppel?

by GilesFiles | Oct 23, 2023 | 2020 onwards, Allowed, Appeals, Appeals - leave, Associations/corporates, BC and HOAs, Causes and defences, Community schemes, Contractual breach, Costs, Courts, Declaratory, High Court, High Court judges, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, Legislation, Orders, Parties, SDJ Wilson, Sectors, Selected judges, Special pleas, Statutory, Topics | 0 |

Compeg Services (Pty) Ltd v Sharon Park Lifestyle Estate (NPC) Can CSOS resolve claim for damages which depends on deciding merits of any dispute in terms of the CSOS Act? “4 It seems to me that Compeg’s claim for damages...

Subsidiarity doctrine considered: Refused exception

by GilesFiles | Mar 8, 2023 | 2020 onwards, Applications, Causes and defences, Courts, Declaratory, EEA 1998, Employ Equity (LRL 12), H Rabkin-Naicker, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, LRA 1995, LRA 7: 112-184 Dispute, LRA D: 151-166 LC, Orders, Parties, Personal services, Pleadings, Private enterprises, Resolving disputes (LRL 3), Sectors, Statutes (LRL 2)-work, Statutory, 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,...

Necessary repair expenses: Negotiorum gestio

by GilesFiles | Feb 10, 2023 | 2020 onwards, 2020 onwards, Allowed, Appeals, Appeals - leave, Causes and defences, Costs, Courts, Declaratory, General, Government, High Court, High Court judges, Interpretation etc, Judges, Jurisdiction & powers, Landmark judgments, Legal Practice, Legislation, Logistics, Orders, Parties, Pleadings, Provincial, Roman Dutch law, Rules Codes & Manual, Sectors, State organs, 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,...

Overlapping damages claims: Not barred

by GilesFiles | Feb 2, 2023 | 2020 onwards, Applications, BCEA 77(3) & 77A(e), Causes and defences, Costs, Courts, Declaratory, Finance, Insights, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, LRA 1995, LRA 7: 112-184 Dispute, Orders, Parties, Private enterprises, Protectable interests, Public policy, Resolving disputes (LRL 3), Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, Statutory, 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,...

Territorial jurisdiction disputed: Locating workplace?

by GilesFiles | Jan 19, 2023 | 2020 onwards, Applications, Causes and defences, Conduct & capability, Costs, Courts, Declaratory, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Lawfulness & fairness, Legal Practice, Logistics, LRA 1995, LRA 7: 112-184 Dispute, LRA 8a: 185-197B Dismissal, Mining, Orders, Parties, Private enterprises, Resolving disputes (LRL 3), RGO Lagrange, Sectors, Special pleas, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Territorial jurisdiction, 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,...

Tag: Damages