public interest Archives

Concluding settlement agreement: Employer alleging duress?

by GilesFiles | Mar 18, 2025 | 2020 onwards, Applications, Causes and defences, Common law, Costs, Courts, Declaratory, Evidence & onus, General, 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, Personal services, Private enterprises, Refused, Resolving disputes (LRL 3), Review tests, RN Daniels, Rules Codes & Manual, Sectors, Selected judges, Special pleas, 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,...

Unenforceable restraint agreement: Balancing of interests

by GilesFiles | Sep 25, 2024 | 2020 onwards, Applications, BCEA 1997 (LRL 10), BCEA 77(3) & 77A(e), Bill of Rights, Causes and defences, Contractual breach, Costs, Courts, Declaratory, Evidence & onus, Insights, Interpretation etc, Judges, Jurisdiction & powers, K Allen-Yaman, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, Logistics, Orders, Parties, Personal Information, Private enterprises, Protectable interests, Resolving disputes (LRL 3), Rules Codes & Manual, Sectors, Selected judges, Topics, Trade restraints | 0 |

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Restraint partially enforced: Key principles outlined

by GilesFiles | Sep 17, 2024 | 2020 onwards, AA - Resources generally, Applications, Balancing interests, BCEA 1997 (LRL 10), BCEA 77(3) & 77A(e), Bill of Rights, Causes and defences, Contractual breach, Costs, Courts, Declaratory, Evidence & onus, Free and fair, Granted, Insights, Interdicts & rules, 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, Management, Markets in SA, Orders, Parties, Personal services, Private enterprises, Protectable interests, Resolving disputes (LRL 3), RGO Lagrange, Rules Codes & Manual, Sectors, Selected judges, Statutes (LRL 2)-work, Topics, Trade restraints | 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,...

Forced special leave: Unlawful and reinstated

by GilesFiles | Aug 19, 2024 | 2020 onwards, Applications, Causes and defences, Contractual breach, Costs, Courts, Declaratory, Edwin Tlhotlhalemaje, Evidence & onus, Government, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, LC Rules-new, Legal Practice, Legality principle, Legislation, LRA 1995, LRA 7: 112-184 Dispute, LRA D: 151-166 LC, Metro, Orders, Parties, Reinstatement, 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,...

Freedom to trade accepted: Restraint refused

by GilesFiles | Jun 19, 2023 | 2020 onwards, Applications, Bill of Rights, Causes and defences, Contractual breach, Costs, Courts, Declaratory, High Court, High Court judges, Insights, Interdicts & rules, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, Logistics, Management, Orders, Parties, Private enterprises, Protectable interests, Public policy, Refused, Rules Codes & Manual, Sectors, Topics, Trade restraints | 0 |

Pilog Data (Pty) Ltd v Glencore Global Business Centre (Pty) Ltd How do courts balance the rights of employers and former employees if it is accepted that freedom to trade should be allowed? “[59] The freedom of trade...

SLAPP suit defence: Defamation – abuse of process?

by GilesFiles | Nov 14, 2022 | 2020 onwards, Allowed, Appeals, Appeals - leave, Bill of Rights, Causes and defences, ConCourt judges, Constitutional Court, Costs, Courts, Declaratory, Delict, Dignity equality freedom, Insights, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, Legislation, Mining, Orders, Parties, Private enterprises, Protectable interests, Public policy, Roman Dutch law, SA Majiedt, Sectors, Special pleas, Topics | 0 |

Mineral Sands Resources (Pty) Ltd v Reddell What is the essence of the defence of a SLAPP suit and is it confined to one of abuse of court processes or not? “[47] Distilled to its essence, the defence is really one of...

Policy and principles interpreted: Binding nature?

by GilesFiles | Sep 15, 2022 | 2020 onwards, AB - Law generally, Applications, Bill of Rights, Causes and defences, Contractual breach, Costs, Courts, Declaratory, Dignity equality freedom, Evidence & onus, High Court, High Court judges, Insights, Interdicts & rules, Interpretation etc, Judges, Legal Practice, Legislation, Management, Orders, Parties, Personal services, Policies - all, Refused, Sectors, Statutory, Topics, Universities and schools, Urgency | 0 |

Studenteplein v Stellenbosch University When do principles dictate when a policy is binding and how it should be interpreted and implemented particularly during a crisis such as Covid-19? “[80] On a reading together of...

Larger merger participation: Make representations?

by GilesFiles | Sep 5, 2022 | Allowed, Appeals, Appeals - leave, Balancing interests, 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, Termination (LRL 8), 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...

School admission policy: Delimiting feeder zone

by GilesFiles | Oct 26, 2021 | 2020 onwards, A G Binns-Ward, Applications, Bill of Rights, Causes and defences, Common law, Costs, Courts, Declaratory, Evidence & onus, HC Uniform, High Court, High Court judges, Interdicts & rules, Interpretation etc, Judges, Legal Practice, Management, Orders, Parties, Policies - all, Refused, Review tests, Rules Codes & Manual, Sectors, Topics, Universities and schools | 0 |

Hesewu v SGB, Sunningdale Primary School School admission policy considered by high court and it was decided that the “applicants’ challenge to the first respondent’s admissions policy was so lacking in substance that it...

Public service transfers: Public interest considered

by GilesFiles | Mar 30, 2021 | 2020 onwards, Allowed, Appeals, Appeals - leave, Costs, Courts, Declaratory, Deemed, Dennis Davis, Government, Judges, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, LRA 1995, LRA 7: 112-184 Dispute, LRA 8a: 185-197B Dismissal, Objective - correctness, Operation of law, Orders, Parties, Provincial, Review tests, 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,...

Inherent job requirements: Firefighter incapacity

by GilesFiles | May 18, 2020 | 2020 onwards, Allowed, Appeals, Appeals - leave, Bill of Rights, Courts, Dennis Davis, Dignity equality freedom, Discrimination (LRL 11), EEA 1998, EEA Chpt II ss 5-11, Employ Equity (LRL 12), Interpretation etc, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, LRA 1995, LRA 7: 112-184 Dispute, Municipal, Orders, Parties, 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,...

Merger: Public interest regarding employees

by GilesFiles | Nov 4, 2014 | CCMA awards, Termination (LRL 8), Topics, Words & phrases | 0 |

Altech Autopage Cellular (Pty) Ltd v Nashua Mobile (Pty) Ltd (019166) [2014] ZACT 70 ; [2015] JOL 33834 (4 November 2014) per A Wessels TM [Y Carrim PM and M Mokuena TM concurring] The Competition Tribunal held that the proposed...

Tag: public interest