repudiation Archives

Receiving further evidence: Appeal and damages?

by GilesFiles | Mar 31, 2023 | 2020 onwards, Allowed, Appeals, Appeals - leave, Causes and defences, Contractual breach, Costs, Courts, Declaratory, Evidence & onus, Judges, Jurisdiction & powers, Legal Practice, Orders, Parties, Personal services, Private enterprises, SCA judges, Sectors, Supreme Court of Appeal, 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,...

Advisory arbitration award: Numerous demands

by GilesFiles | Mar 9, 2023 | 2020 onwards, André van Niekerk, Applications, Causes and defences, Collective Bargaining (LRL 5), Courts, Declaratory, Granted, Interdicts & rules, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, Limits - 65, LRA 1995, LRA 4: 64-77 Strikes, LRA 7: 112-184 Dispute, Manufacturing, Orders, Parties, Power plays (LRL 6), Private security, Rules Codes & Manual, Sectors, Selected judges, Statutes (LRL 2)-work, Statutory, Strike s68 unprotected, 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,...

Breaching fixed-term agreement: Assessing damages?

by GilesFiles | Jan 27, 2023 | 2020 onwards, Applications, BCEA 1997 (LRL 10), BCEA 77(3) & 77A(e), Causes and defences, Conduct & capacity, Contractual breach, Costs, Courts, Declaratory, Fixed-term, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Lawfulness & fairness, Legal Practice, Legislation, LRA 1995, MTM Phehane, Orders, Parties, Personal services, Rescission LRA 144 and 165, Rules Codes & Manual, Sectors, State Owned Enterprises, 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,...

Private arbitration award: Service level agreement

by GilesFiles | Sep 22, 2022 | 2020 onwards, Causes and defences, Contractual breach, Costs, Courts, Declaratory, High Court, High Court judges, Judges, Legal Practice, Legislation, Orders, Parties, Personal services, Private arbitration, Private enterprises, Review tests, Sectors, Statutory, Topics, Trade unions | 0 |

Samwu v Imbeu Development and Project Management (Pty) Ltd When does a private arbitration award stray outside the ambit of what the arbitration agreement authorised in the arbitration? “61. In summary, in my view, the...

Contractual breach examined: Limited damages rule

by GilesFiles | Oct 20, 2021 | 2020 onwards, Applications, BCEA 1997 (LRL 10), BCEA 77(3) & 77A(e), Causes and defences, Central, Contractual breach, Costs, Courts, Declaratory, Evidence & onus, Government, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Orders, Parties, Sectors, State organs, 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,...

Breaking termination agreement: Confidential information

by GilesFiles | Jun 14, 2021 | 2020 onwards, Appeals, Appeals - leave, Applications, BCEA 1997 (LRL 10), BCEA 77(3) & 77A(e), Causes and defences, Contractual breach, Costs, Courts, Dennis Davis, Disallowed, Evidence & onus, Interpretation etc, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, LRA 1995, LRA 7: 112-184 Dispute, Objective - correctness, Orders, Parties, Private enterprises, Review tests, 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,...

Interpreting contracts holistically: Text context purpose

by GilesFiles | Jun 11, 2021 | 2020 onwards, 2020 onwards, Allowed, Appeals, Appeals - leave, Causes and defences, ConCourt judges, Constitutional Court, Contractual breach, Courts, Declaratory, Evidence & onus, Interpretation etc, Judges, Jurisdiction & powers, Landmark judgments, leave to appeal, Legal Practice, Orders, Parties, Personal services, Roman Dutch law, Sectors, Special pleas, SV Khampepe, Topics, Universities and schools | 0 |

University of Johannesburg v Auckland Park Theological Seminary In confirming that the process of interpreting contracts must be done holistically the constitutional court repeated that ‘the inquiry into delectus personae...

Repudiating insurance contract: Death not covered

by GilesFiles | Jun 11, 2021 | 2020 onwards, Allowed, Appeals, Appeals - leave, Causes and defences, Contractual breach, Courts, Declaratory, Interpretation etc, Judges, Legal Practice, Legislation, Orders, Roman Dutch law, SCA judges, Supreme Court of Appeal, Topics | 0 |

Discovery Life Ltd v Hogan Cancelling debit order to pay premium construed by SCA as repudiating insurance contract and insurer cancelled the cover and was no longer on risk and held that insurer was ‘oblivious to the fact...

Reconciling labour statutes: Age discrimination

by GilesFiles | May 4, 2021 | 2020 onwards, Applications, AUD, BCEA 77(3) & 77A(e), Bill of Rights, Causes and defences, Conduct & capacity, Courts, Declaratory, Dignity equality freedom, EEA 1998, EEA Chpt II ss 5-11, Employ Equity (LRL 12), Fixed-term, General, Interpretation etc, Judges, Labour Court, Labour Court judges, Labour Relations, Lawfulness & fairness, Legal Practice, LRA 1995, LRA 7: 112-184 Dispute, LRA 8a: 185-197B Dismissal, Orders, Parties, Provisos, Rescission LRA 144 and 165, Retirement, Sectors, Special pleas, 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,...

Resigning immediately analysed: Evading discipline?

by GilesFiles | Dec 10, 2020 | 2020 onwards, Allowed, Appeals, Appeals - leave, B Waglay, Banks, Causes and defences, Conduct & capacity, Contractual breach, Courts, Finance, Judges, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, LRA 1995, LRA 7: 112-184 Dispute, LRA 8a: 185-197B Dismissal, Orders, Parties, Resignations, Risks, Sectors, Statutes (LRL 2)-work, Termination (LRL 8), Topics, Trust & confidence | 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,...

Prescribed arrear wages: Special plea rejected

by GilesFiles | Aug 27, 2020 | 2020 onwards, Appeals, Appeals - leave, Applications, BCEA 1997 (LRL 10), BCEA 77(3) & 77A(e), Central, Contractual breach, Costs, Courts, Disallowed, Government, Interpretation etc, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, Legislation, LRA 1995, LRA 7: 112-184 Dispute, Objective - correctness, Orders, P Coppin, Parties, Review tests, Sectors, Special pleas, State Owned Enterprises, 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,...

Repudiating employment contracts: Trust and confidence

by GilesFiles | Aug 18, 2020 | AA - Resources generally, AB1 - Fairness principle or concept, Causes and defences, Contractual breach, ILO Convention 158/1982, ILO Conventions, Insights, Labour Relations, LRA 1995, LRA 8a: 185-197B Dismissal, Markets in SA, philosophy / economics, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Thought Leaders, Topics, Trust & confidence | 0 |

During 1996 the Employment and Industrial Relations Journal of the International Bar Association published an article written by Graham Giles just before the newly adopted Labour Relations Act, 1996 came into force in November...

Tag: repudiation