peremption Archives - GilesFiles

Recovering mistaken payments: Qualifying criteria not met

by GilesFiles | Jan 17, 2024 | 2020 onwards, Allowed, Appeals, Appeals - leave, Applications, BCEA 77(3) & 77A(e), Causes and defences, Contractual breach, Costs, Courts, Government, Interpretation etc, Judges, Jurisdiction & powers, Labour Relations, Legal Practice, Legislation, Local, Orders, Parties, Resolving disputes (LRL 3), Rules Codes & Manual, SCA judges, Sectors, State organs, Statutes (LRL 2)-work, Statutory, Supreme Court of Appeal, Terms & conditions, 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,...

Legality review considered: Unlawfulness and contempt

by GilesFiles | Oct 26, 2023 | 2020 onwards, Appeals, Appeals - leave, Causes and defences, Contempt, Costs, Courts, Declaratory, Disallowed, Government, Interpretation etc, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, Legality principle, Legislation, Local, LRA 1995, Municipal managers, Orders, Parties, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, State organs, 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,...

Legality review deductions: Temporary incapacity leave

by GilesFiles | May 18, 2023 | 2020 onwards, Applications, BCEA 1997 (LRL 10), BCEA 77(3) & 77A(e), Causes and defences, Central, Costs, Courts, Declaratory, GN Moshoana, Government, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, LC Rules, Legal Practice, Legality principle, LRA 1995, LRA 7: 112-184 Dispute, Orders, Parties, Resolving disputes (LRL 3), Rules Codes & Manual, Sectors, State organs, 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,...

Waiving appeal rights: Leave refused

by GilesFiles | Mar 17, 2023 | 2020 onwards, Appeals, Appeals - leave, Applications, Causes and defences, Costs, Courts, Disallowed, erroneously sought, GN Moshoana, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, LRA 1995, LRA 7: 112-184 Dispute, LRA D: 151-166 LC, Orders, Parties, Private enterprises, Resolving disputes (LRL 3), Rules Codes & Manual, Sectors, Selected judges, Statutes (LRL 2)-work, Statutory, 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,...

Larger merger participation: Make representations?

by GilesFiles | Sep 5, 2022 | Allowed, Appeals, Appeals - leave, Causes and defences, Competition Appeal Court, Costs, Courts, Declaratory, Dennis Davis, Insights, Judges, Legal Practice, Legislation, Markets in SA, Mining, Orders, Parties, Private enterprises, Protectable interests, Public policy, Retired judges, Sectors, Statutory, Topics | 0 |

Northam Platinum Holdings Ltd v Impala Platinum Holdings Ltd In considering participation in a larger merger when should CAC intervene and impose a rigid procedure on Tribunal? “[59] Let me emphasise: This Court should...

High intolerability threshold: Reinstatement primary remedy

by GilesFiles | Oct 19, 2021 | 2020 onwards, Allowed, Appeals, Appeals - leave, Awards -s145 see also Sidumo, Bill of Rights, Compatible & competent, ConCourt judges, Conduct & capability, Constitutional Court, Costs, Courts, Dignity equality freedom, Evidence & onus, Government, Judges, Labour Relations, Legal Practice, LRA 1995, LRA 7: 112-184 Dispute, LRA 8a: 185-197B Dismissal, Municipal, Orders, Parties, Poor performance, Protect not punish, Resolving disputes (LRL 3), Review tests, Risks, Sectors, Sidumo - see also awards s 145, State organs, Statutes (LRL 2)-work, SV Khampepe, Termination (LRL 8), Topics, Trust & confidence | 0 |

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Disseminating false information: Destroyed trust

by GilesFiles | Aug 2, 2021 | 2020 onwards, Associations/corporates, Awards -s145 see also Sidumo, Costs, Courts, Evidence & onus, Finance, Gross misconduct, Judges, Labour Court, Labour Court judges, Labour Relations, Legal Practice, LRA 1995, LRA 7: 112-184 Dispute, Orders, Parties, Resolving disputes (LRL 3), Review tests, Sean Snyman, Sectors, Sidumo - see also awards s 145, 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,...

Binding Public Protector’s report: Implementation order

by GilesFiles | Dec 13, 2017 | 2017, 2017, Bill of Rights, Conduct & capability, Courts, High Court, High Court judges, Judges, Jurisdiction & powers, Landmark judgments, Legality principle, Legislation, Public Protector, Topics | 0 |

 Essence Binding Public Protector’s report: Remedial action in the Public Protectors’ Report 6/2016/7 dated 14 October 2016 declared binding and President directed to appoint a commission of inquiry within 30 days...

National Skills Authority: Failure to consult over grants

by GilesFiles | Nov 1, 2017 | 2017, ABB - Fairness principle or concept, Courts, Judges, Labour Appeal Court, Legislation, MV Phatshoane, PAJA 2000, Parties, Private enterprises, Reforms required, Sectors, Setas, Topics, Training authorities | 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,...

Reverse waiver if against public policy

by GilesFiles | Nov 15, 2016 | 2016, Bill of Rights, Causes and defences, ConCourt judges, Constitutional Court, Courts, Evidence & onus, Judges, Legal Practice, Parties, Public policy, Reforms required, State Owned Enterprises, Topics | 0 |

“The reversal of the decision not to appeal happened within a very short period of three days, unlike in SANDU where there was a lapse of two weeks and the peremptor was nevertheless allowed to appeal. The central feature of...

Exercise discretion reinstatement: Factors to consider

by GilesFiles | Nov 8, 2016 | 2016, 2016, Constitutional Court, Judges, Jurisdiction & powers, Landmark judgments, Lawfulness & fairness, Termination (LRL 8), Words & phrases | 1 |

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,...

Forfeiting review rights: Arbitral award

by GilesFiles | Nov 6, 2015 | 2015, Courts, Judges, Labour Appeal Court, LAC judges, Resolving disputes (LRL 3), Review tests | 0 |

Doorgesh Harrinarain v CCMA (SABS Commercial) (CA4/2014; C965/2011) [2015] ZALAC 44 (6 November 2015) per CJ Musi JA [Waglay JP and Savage AJA concurring] The Labour Appeal Court disallowed the appeal and upheld the finding of...

Tag: peremption