proportionality test Archives

Inherent job requirements: Freedom of religion?

by GilesFiles | Oct 21, 2024 | 2020 onwards, Allowed, André van Niekerk, Appeals, Appeals - leave, Awards -s145 see also Sidumo, Causes and defences, Conduct & capability, Contractual breach, Courts, Declaratory, Dignity equality freedom, EEA 1998, EEA Chpt II ss 5-11, Evidence & onus, Hospitality, Inherent requirements, Interpretation etc, Judges, Jurisdiction & powers, Kate Savage, Labour Appeal Court, Labour Relations, LAC judges, Lawfulness & fairness, Legal Practice, Legislation, LRA 1995, LRA 8a: 185-197B Dismissal, Operational reasons, Orders, Parties, Private enterprises, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, Sidumo - see also awards s 145, 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,...

Contemplating operational termination: Jinchuan model

by GilesFiles | Jul 21, 2021 | 2020 onwards, Appeals, Appeals - leave, Applications, AUD, BCEA 77(3) & 77A(e), Costs, Courts, Disallowed, Evidence & onus, Judges, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, LRA 1995, LRA 7: 112-184 Dispute, LRA 8a: 185-197B Dismissal, Mining, Operational reasons, Orders, P Coppin, Parties, Private enterprises, Resolving disputes (LRL 3), 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,...

Appeal despite mootness: Practice and procedure

by GilesFiles | Sep 1, 2020 | 2020 onwards, Appeals, Appeals - leave, Costs, Courts, Dennis Davis, Disallowed, Interpretation etc, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, LRA 1995, LRA 4: 64-77 Strikes, Mining, Orders, Parties, Resolving disputes (LRL 3), Sectors, Statutes (LRL 2)-work, Topics, Trade unions | 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,...

Unlawful proceeds forfeited: Constitution s25 property?

by GilesFiles | Mar 26, 2020 | 2020 onwards, Allowed, Appeals, Appeals - leave, Bill of Rights, Causes and defences, ConCourt judges, Constitutional Court, Consumer protection, Courts, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, Legislation, Orders, Parties, Sectors, Special pleas, State organs, Topics | 0 |

National Director of Public Prosecutions v Botha NO Unlawful proceeds forfeited unanimously but according to majority proceeds of unlawful activities do not constitute property as envisaged in section 25(1) of the Constitution....

Unlawful proceeds forfeited: Crime and proportionality

by GilesFiles | Mar 26, 2020 | 2020 onwards, Allowed, Appeals, Appeals - leave, Bill of Rights, Causes and defences, ConCourt judges, Constitutional Court, Consumer protection, Courts, Interpretation etc, JC Froneman, Judges, Jurisdiction & powers, Legal Practice, Legislation, Orders, Parties, Sectors, Special pleas, State organs, SV Khampepe, Topics | 0 |

National Director of Public Prosecutions v Botha NO Unlawful proceeds forfeited and if only R758 085 is forfeited the courts would, in effect, be giving “credit” for the fact that an attempt was made to cover up the original...

Reviewable factual error: Factors to be considered

by GilesFiles | Mar 1, 2019 | 2019, 2019, Appeals, Bill of Rights, Causes and defences, Courts, Judges, Landmark judgments, Legal Practice, MJD Wallis, Municipal, PAJA 2000, SCA judges, Sectors, Supreme Court of Appeal, Topics | 0 |

Polokwane Local Municipality v Granor Passi (Pty) Ltd Material factual error and argument that application fatally defective because of a failure to pursue the review in terms of rule 53 of the Uniform Rules of Court rejected by...

Protectable interest springboard: Business reputation and goodwill

by GilesFiles | Jul 28, 2017 | 2017, Applications, Causes and defences, Courts, Estate agents, Evidence & onus, High Court, High Court judges, Insights, Joinder, Judges, Legal Practice, Parties, Protectable interests, Public policy, Restraints, 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,...

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