Plascon-Evans Archives

Unreasonable restraint enforcement: No protectable interests

by GilesFiles | Jun 28, 2024 | 2020 onwards, AB - Law generally, ABB - Fairness principle or concept, Applications, BCEA 77(3) & 77A(e), Causes and defences, Contractual breach, Costs, Courts, Declaratory, Free and fair, General, Insights, Interdicts & rules, Interpretation etc, Judges, Jurisdiction & powers, Kate Savage, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, LRA 1995, LRA 7: 112-184 Dispute, LRA D: 151-166 LC, Management, Markets in SA, Orders, Parties, Private enterprises, Protectable interests, Refused, Resolving disputes (LRL 3), Restraints, Sectors, Selected judges, Statutes (LRL 2)-work, 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,...

Converting employment contracts: Unlawful rescission

by GilesFiles | Feb 29, 2024 | 2020 onwards, Applications, Causes and defences, Contractual breach, Costs, Courts, Declaratory, Evidence & onus, Fixed-term, Government, Hearsay, High Court, High Court judges, Interpretation etc, Judges, Jurisdiction & powers, Labour Relations, Lawfulness & fairness, Legal Practice, Legality principle, Legislation, LRA 1995, Metro, Orders, Parties, Resolving disputes (LRL 3), Restructuring, Review tests, Rules Codes & Manual, Sectors, Specific performance, State organs, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics | 0 |

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Abusing court procedures: Self-created urgency

by GilesFiles | Dec 22, 2023 | 2020 onwards, Applications, Causes and defences, Connie Prinsloo, Costs, Courts, Declaratory, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, LC Rules, Legal Practice, Legislation, LRA 1995, LRA 7: 112-184 Dispute, LRA 8b: 185-186(2) Practices, Orders, Parties, Personal services, Private enterprises, Resolving disputes (LRL 3), Rules Codes & Manual, Sectors, Selected judges, self-created urgency, 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,...

Unreasonable restraint enforcement: Protecting proprietary interest?

by GilesFiles | Dec 8, 2023 | 2020 onwards, Applications, BCEA 1997 (LRL 10), BCEA 77(3) & 77A(e), Causes and defences, Conduct & capability, Contractual breach, Costs, Courts, Declaratory, Finance, H Rabkin-Naicker, Insights, Interdicts & rules, Interpretation etc, Judges, Labour Court, Labour Court judges, Labour Relations, Lawfulness & fairness, Legal Practice, Management, Orders, Parties, Personal services, Private enterprises, Protectable interests, Refused, Restraints, Sectors, Selected judges, Termination (LRL 8), Topics | 0 |

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Interdicting harassing behaviour: SLAPP application?

by GilesFiles | May 30, 2023 | 2020 onwards, Applications, BC and HOAs, Bill of Rights, Causes and defences, Community schemes, Costs, Courts, Declaratory, Delict, Dignity equality freedom, High Court, High Court judges, Interdicts & rules, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, Legislation, Orders, Parties, Rules Codes & Manual, Sectors, self-created urgency, Topics | 0 |

Body Corporate Assistance Gauteng (Pty) Ltd v PT (Central Square) In interdicting harassing behaviour of owners when should body corporate managers anticipate disputes of facts and issue summons? “[14] I have had an...

Unliquidated damages claim: Labour court’s jurisdiction?

by GilesFiles | Feb 27, 2023 | 2020 onwards, Applications, BCEA 1997 (LRL 10), BCEA 77(3) & 77A(e), Causes and defences, Conduct & capability, Contractual breach, Costs, Courts, Declaratory, Delict, Evidence & onus, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, LRA 1995, LRA 7: 112-184 Dispute, Orders, Parties, Personal services, Pleadings, Resolving disputes (LRL 3), Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics, Universities and schools | 0 |

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Administration of trade union: Resolving disputes

by GilesFiles | Dec 7, 2022 | 2020 onwards, Applications, Causes and defences, Conduct & capability, Contempt, Costs, Courts, Declaratory, Judges, Labour Court, Labour Court judges, Labour Relations, Lawfulness & fairness, Legal Practice, Legality principle, Legislation, LRA 1995, LRA 6: 95-111 Unions, LRA 7: 112-184 Dispute, LRA D: 151-166 LC, Orders, Organisations (LRL 4), Parties, Personal services, Resolving disputes (LRL 3), Restructuring, Review tests, Rules Codes & Manual, Sean Snyman, Sectors, Statutes (LRL 2)-work, Termination (LRL 8), Topics, Trade unions | 0 |

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Infringing protectable interests: Undertakings recorded

by GilesFiles | Nov 17, 2022 | 2020 onwards, 2020 onwards, Applications, Costs, Courts, Declaratory, Evidence & onus, Granted, Insights, Interdicts & rules, Interpretation etc, Judges, Labour Court, Labour Court judges, Labour Relations, Landmark judgments, LC Rules, Legal Practice, LRA 1995, LRA 7: 112-184 Dispute, Management, Orders, Parties, Private enterprises, Protectable interests, Resolving disputes (LRL 3), Restraints, Risks, Rules Codes & Manual, Sean Snyman, Sectors, Specific performance, Statutes (LRL 2)-work, Topics, Urgency | 0 |

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Reinstatement and backpay: Must tender services

by GilesFiles | Nov 16, 2022 | 2020 onwards, Applications, BCEA 1997 (LRL 10), BCEA 77(3) & 77A(e), Causes and defences, Connie Prinsloo, Contempt, Contractual breach, Courts, Declaratory, Government, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, LRA 1995, LRA 7: 112-184 Dispute, LRA C: 133-150 CCMA, Metro, Orders, Parties, Refused, Reinstatement, Resolving disputes (LRL 3), Rules Codes & Manual, Sectors, State organs, State Owned Enterprises, 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,...

Trade restraint duration: 24 months reasonable?

by GilesFiles | Nov 9, 2022 | 2020 onwards, Applications, BCEA 1997 (LRL 10), BCEA 77(3) & 77A(e), Causes and defences, Connie Prinsloo, Contractual breach, Costs, Courts, Declaratory, Evidence & onus, Hospitality, Insights, Judges, Labour Court, Labour Court judges, Labour Relations, Legal Practice, LRA 1995, LRA 7: 112-184 Dispute, Management, Manufacturing, Orders, Parties, Private enterprises, Protectable interests, Public policy, Resolving disputes (LRL 3), Restraints, Review tests, Sectors, Statutes (LRL 2)-work, Topics, Urgency | 0 |

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Transfer service agreement: Discrete economic entity

by GilesFiles | Sep 7, 2022 | 2020 onwards, Applications, Causes and defences, Central, Costs, Courts, Declaratory, Evidence & onus, Government, Judges, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, LRA 1995, LRA 7: 112-184 Dispute, LRA 8a: 185-197B Dismissal, Orders, Parties, Resolving disputes (LRL 3), Rules Codes & Manual, Sean Snyman, Sectors, State Owned Enterprises, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics, Urgency | 0 |

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Restraint agreement disputed: Intellectual property?

by GilesFiles | Sep 2, 2022 | 2020 onwards, Applications, BCEA 1997 (LRL 10), BCEA 77(3) & 77A(e), Causes and defences, Contractual breach, Costs, Courts, Declaratory, Evidence & onus, H Rabkin-Naicker, Insights, Interdicts & rules, Judges, Labour Court, Labour Court judges, Labour Relations, Legal Practice, LRA 1995, LRA 7: 112-184 Dispute, Markets in SA, Orders, Parties, Personal services, Private enterprises, Protectable interests, Refused, Restraints, Roman Dutch law, Sectors, Statutes (LRL 2)-work, 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,...

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