Doctrines Archives - GilesFiles

Notice doctrine considered: Rights of access

by GilesFiles | Oct 3, 2022 | 2020 onwards, Allowed, Appeals, Appeals - leave, Associations/corporates, Causes and defences, Community schemes, Contractual breach, Costs, Costs awarded, Courts, Evidence & onus, Judges, Legal Practice, LRA 07: 112-184 Dispute, Orders, Parties, Private enterprises, Roman Dutch law, Rules Codes & Manual, SCA judges, Sectors, Supreme Court of Appeal, Topics | 0 |

N’Wandlamharhi Communal Property Association v Westcott When should the doctrine of notice be enforced to enable occupation and viewing rights over land to be registered against the title deed? [34] As I have said, the...

Judgments Labour Courts: Analysis 2018 to date

by GilesFiles | May 14, 2022 | AA - Resources generally, Checklists, Insights, Labour Appeal Court, Labour Court | 0 |

Analysis of all available judgments of Labour Appeal Court and Labour Court for last 5 years [as at 14 May 2022] Years Total GilesFiles BLLR & ILJ BLLR ILJ JOL Labour Appeal Court 2022 18 17 2 10 4 6 2021 50 49 33 36 44 26...

Outdoor advertising signs: Standards unconstitutional?

by GilesFiles | Jan 21, 2022 | 2020 onwards, Applications, BC and HOAs, Bill of Rights, Causes and defences, Community schemes, Costs, Courts, Declaratory, High Court, High Court judges, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, Legislation, Orders, Parties, 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,...

Irrevocable shareholder undertakings: Valid and enforceable?

by GilesFiles | Aug 20, 2020 | 2020 onwards, Appeals, Causes and defences, Contractual breach, Courts, DN Unterhalter, Exceptions/special pleas, High Court judges, Judges, Legal Practice, SCA judges, Statutory, Supreme Court of Appeal, Topics | 0 |

Women in Capital Growth (Pty) Ltd v Scott SCA decided matter in chambers and without argument and considered irrevocable shareholder undertakings provided on behalf of a company and after finding that the issues were moot,...

Age discrimination considered: Discriminatory dismissals

by GilesFiles | Mar 11, 2020 | 2020 onwards, AUD, Bill of Rights, Courts, EEA 1998, EEA Chpt II ss 5-11, Employ Equity (LRL 12), Evidence & onus, Exceptions/special pleas, GN Moshoana, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, LRA 07: 112-184 Dispute, LRA 08a: 185-197B Dismissal, LRA 1995, Motor industry, Parties, 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,...

Preferential procurement policy: Irrational unlawful invalid

by GilesFiles | Jan 31, 2020 | 2020 onwards, Appeals, Appeals - leave, Bill of Rights, Causes and defences, Courts, Disallowed, Judges, Lawfulness & fairness, Legal Practice, Logistics, MJD Wallis, Orders, Parties, SCA judges, Sectors, State organs, Statutory, Supreme Court of Appeal, Topics, Transport & communication, VM Ponnan | 0 |

Acsa (Airports Co SA Soc Ltd) v Imperial Group Ltd Preferential procurement policy may only be implemented within a framework prescribed by national legislation because of s 217(3) of the Constitution and the only escape for...

Diverse people unite: Right of court access

by GilesFiles | Dec 6, 2019 | 2019, Agriculture, Applications, Bill of Rights, Causes and defences, Central, Community schemes, Courts, Customary Law, Declaratory, Dignity equality freedom, Exceptions/special pleas, High Court, High Court judges, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, Orders, Parties, philosophy / economics, Sectors, Special pleas, Topics | 0 |

Homo Sapiens, Negro, Ethiopian Semite, Israelite People of SA v President of South Africa High court referred to ‘diverse people unite’ in rejecting the ‘claims’ of the applicants who inter alia asserted...

Life-right confirmed: Eviction order overturned

by GilesFiles | Nov 21, 2019 | 2019, Appeals, Bill of Rights, Courts, Dignity equality freedom, Eviction/ejectment, High Court, High Court judges, Judges, Just and equitable relief, Legal Practice, LRA 1995, Orders, Parties, Private enterprises, Sectors, Topics, Unlawful and void | 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,...

Fictional fulfilment doctrine: Frustration of contract

by GilesFiles | Sep 16, 2019 | 2019, A G Binns-Ward, Causes and defences, Courts, Evidence & onus, High Court, High Court judges, 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,...

Complex interdict refused: Court considered interim relief

by GilesFiles | Mar 5, 2019 | 2019, 2019, Bill of Rights, Causes and defences, Community schemes, Courts, High Court, High Court judges, Insights, Interdicts & rules, Interim relief, Judges, Landmark judgments, Legal Practice, Protectable interests, Sectors, Topics, Trade restraints | 0 |

Big Catch Fishing Tackle (Pty) Ltd v Kemp Complex interdict refused by the high court after considering the rights of employers against former employees including restraints, unlawful competition and the use of confidential...

Inherent job requirements: Discrimination on religious grounds

by GilesFiles | Nov 5, 2018 | 2018, 2018, AUD, Bill of Rights, Courts, Dignity equality freedom, Discrimination (LRL 11), John Murphy, Judges, Labour Appeal Court, Labour Relations, LAC judges, Landmark judgments, LRA 08a: 185-197B Dismissal, LRA 1995, Personal Information, 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,...

USA agency fees: Extraction violates Constitution

by GilesFiles | Jun 28, 2018 | Collective Bargaining (LRL 5), ERelations (LRL 1), Insights, Labour Relations, Organisations (LRL 4), Topics | 0 |

USA agency fees: The extraction of agency fees by the State of Illinois from public-sector employees who did not consent violates the First Amendment and Abood erred in concluding otherwise and stare decisis cannot support it. ...

Tag: Doctrines