GilesFiles, Author at GilesFiles

Unfair labour practice: Early developments in SA

Posted by GilesFiles | Jan 14, 1986 | 2014 and earlier, 2015 and earlier, Appeals, Appeals - leave, Causes and defences, Common law, Conduct & capacity, Contractual breach, Courts, Disallowed, Disputes: right or interest, Exceptions/special pleas, High Court, High Court judges, Interpretation etc, Judges, Jurisdiction & powers, Labour Relations, Landmark judgments, Lawfulness & fairness, Legal Practice, LRA 07: 112-184 Dispute, LRA 1995, Mining, Orders, Parties, Res judicata (issue estoppel), Retired judges, Review tests, Sectors, Special pleas, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics, Trade unions, Trust & confidence |

Marievale Consolidated Mines Ltd v President of the Industrial Court The approach of the employer’s counsel to unfair labour practice and labour relations demonstrates a lack of appreciation of the nature and purpose of...

Interpreting insurance contract: Disclosure duties

Posted by GilesFiles | Nov 16, 1984 | 2014 and earlier, 2015 and earlier, AA - Resources generally, Allowed, Appeals, Appeals - leave, Causes and defences, Contractual breach, Costs, Courts, Declaratory, Evidence & onus, Government, Insights, Interpretation etc, Judges, Jurisdiction & powers, Landmark judgments, Legal Practice, Legislation, Local, Orders, Parties, Personal services, Private enterprises, SCA judges, Sectors, Special pleas, State organs, Supreme Court of Appeal, Topics |

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 contract: Electing to accept breach

Posted by GilesFiles | Mar 28, 1977 | 2014 and earlier, 2015 and earlier, Causes and defences, Costs, Courts, Interpretation etc, Judges, Jurisdiction & powers, Labour Relations, Landmark judgments, Legal Practice, Legislation, LRA 07: 112-184 Dispute, LRA 1995, LRA D: 151-166 LC, Orders, Parties, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, Supreme Court of Appeal, Topics |

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,...

Restraint: Springboard doctrine

Posted by GilesFiles | Jun 9, 1971 | 2014 and earlier, High Court, Legal Practice, Miscellaneous, philosophy / economics, Trade restraints, Words & phrases |

Premier Medical & Industrial Equipment (Pty) Ltd v Winkler [1971] 4 All SA 94 (W) per Hiemstra J. The High Court refused to restrain the managing director from continuing certain activities regarded as being in breach of a...

Appeal powers analysed: Essentially 3 types

Posted by GilesFiles | Mar 28, 1963 | 2014 and earlier, Allowed, Appeals, Appeals - leave, Causes and defences, Common law, Courts, Declaratory, Fair procedure, General, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, Orders, Parties, Review tests, SCA judges, Statutory, Supreme Court of Appeal, Termination (LRL 8), Topics |

Tikly v Johannes NO Justice Trollip analysed appeal powers and pointed out that the word “appeal” can have three different connotations and stressed that the sense in which “appeal” is used in any particular matter...

Author: GilesFiles

Unfair labour practice: Early developments in SA

Interpreting insurance contract: Disclosure duties

Repudiating employment contract: Electing to accept breach

Restraint: Springboard doctrine

Appeal powers analysed: Essentially 3 types