DV Dlodlo Archives - GilesFiles

Testing reasonable prospects: Remote or reasonable chance

by GilesFiles | Mar 31, 2021 | 2020 onwards, Allowed, Appeals, Appeals - leave, Associations/corporates, Causes and defences, Courts, Declaratory, Evidence & onus, Exceptions/special pleas, General, Impossibility or illegality, Interpretation etc, Judges, Legal Practice, Orders, Parties, Regulations, Roman Dutch law, SCA judges, Sectors, Special pleas, Supreme Court of Appeal, Topics | 0 |

Ramakatsa v African National Congress The importance of this matter and testing reasonable prospects of an appeal compelled the SCA to grant leave to appeal and emphasised that ‘no doubt can exist that the ANC just like...

Malicious proceedings claim: Prescribed cause of action?

by GilesFiles | Nov 5, 2020 | 2020 onwards, Allowed, Appeals, Appeals - leave, Causes and defences, Courts, Delict, Exceptions/special pleas, HC Uniform, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, Legislation, Mining, Orders, Parties, Private enterprises, Rules Codes & Manual, SCA judges, Sectors, Special pleas, Statutory, Supreme Court of Appeal, Topics | 0 |

Holden v Assmang Ltd SCA interpreted s12(1) of the Prescription Act and confirmed that a debt is only due, owing and payable and a complete cause of action was only acquired when the complaint of gross breach of professional...

Setting aside sale: Execution and condonation refused

by GilesFiles | Oct 12, 2020 | 2020 onwards, Appeals, Appeals - leave, Applications, Banks, Causes and defences, Condonation, Consumer protection, Costs, Costs punitive, Courts, Disallowed, Interpretation etc, Judges, Legal Practice, Orders, Parties, Refused, SCA judges, Sectors, Statutory, Supreme Court of Appeal, Topics | 0 |

Huysamen v Absa Bank Ltd Setting aside sale of property in execution not permitted when delay is caused by attorney and it is unacceptable for attorneys to rely on inexperience in conducting appeals because the appeal notice...

Compromise effected validly: In what circumstances?

by GilesFiles | Mar 25, 2019 | 2019, Causes and defences, Courts, Judges, Legal Practice, SCA judges, Settlement agreements, 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,...

Status changed legally: Sole employer after 3 months

by GilesFiles | Jul 26, 2018 | 2018, 2018, Appeals, Causes and defences, ConCourt judges, Constitutional Court, Courts, Interpretation etc, Judges, Labour Relations, Landmark judgments, LRA 09: 198-213 General, LRA 198 Temporary employment services, LRA 1995, Operation of law, Parties, Reforms required, Sectors, Statutes (LRL 2)-work, 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,...

Non-variation clauses: Issue of public policy

by GilesFiles | Jun 9, 2016 | 2016, Associations/corporates, BC and HOAs, Bill of Rights, Causes and defences, Community schemes, Courts, High Court, High Court judges, Interpretation etc, Judges, Legal Practice, Parties, Public policy, Sectors, 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,...

Unfair dismissal: Valid but unfair reason re negligence

by GilesFiles | Jun 18, 2015 | 2015, Conduct - gross, Courts, Judges, Labour Appeal Court, Labour Relations, LAC judges, Review tests, Termination (LRL 8), Topics | 1 |

Transnet Rail Engineering v Mienies/Minies (CA20/2013) [2015] ZALAC 22; [2015] 11 BLLR 1144; (2015) 36 ILJ 2605 (LAC) (18 June 2015) per Dlodlo AJA [Tlaletsi DJP and Hlophe AJA concurring] The Labour Appeal Court disallowed the...

Dismissal till shortages: Evidence and fair reason

by GilesFiles | Mar 17, 2015 | 2015, Awards -s145 see also Sidumo, Conduct - gross, Conduct & capacity, Courts, Judges, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, LRA 07: 112-184 Dispute, LRA 08a: 185-197B Dismissal, LRA 1995, Objective - correctness, Parties, Private enterprises, Review tests, Risks, Sectors, Sidumo - see also awards s 145, Statutes (LRL 2)-work, Termination (LRL 8), Topics | 0 |

Woolworths (Pty) Ltd v CCMA (DA7/2013) [2015] ZALCD 17 (17 March 2015) per Dlodlo AJA. Three cashiers at the Hillcrest store in Durban were dismissed for dishonesty because of a shortfall in their cash float and thereby...

Rescission: granted as no wilful default

by GilesFiles | Mar 12, 2015 | 2015, Awards -s145 see also Sidumo, Courts, Judges, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, LRA 07: 112-184 Dispute, LRA 144 and 165 rescissions, LRA 1995, LRA C: 133-150 CCMA, Orders, Review tests, Statutes (LRL 2)-work, Topics | 0 |

LAC summary: rescission application – default judgment granted against employer- employer erroneously providing incorrect fax number in its answering affidavit- set down notice sent to the incorrect fax number – employer not in...

Training agreement: Failure to prove dismissal

by GilesFiles | Dec 12, 2014 | 2014 and earlier, Causes and defences, Courts, John Murphy, Judges, Labour Appeal Court, Labour Relations, LAC judges, LRA 1995, Operation of law, Practices (LRL 9), Review tests, Statutes (LRL 2)-work, Termination (LRL 8), Topics | 2 |

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,...

Reasonable award confirmed: Valid but unfair reason

by GilesFiles | Apr 30, 2014 | 2014 and earlier, Conduct & capacity, Courts, Judges, Labour Appeal Court, LAC judges, Review tests, Termination (LRL 8), Trust & confidence | 1 |

Solid Doors (Pty) Ltd v Hanekom NO (CA19/2012) [2014] ZALAC 19 (30 April 2014) per Dlodlo AJA [Waglay JP and Francis AJA concurring] Appeal disallowed and Labour Court judgment upheld. LAC Summary: Review of arbitration award-...

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