church Archives - GilesFiles

Dis-fellowshipped: Decision reviewed and set aside

by GilesFiles | May 5, 2016 | 2016, AB1 - Fairness principle or concept, Causes and defences, Common law, Conduct & capacity, Contractual breach, Courts, Fair procedure, High Court, High Court judges, Insights, Judges, Legal Practice, Non-profit organisations, Parties, Review tests, Sectors, Termination (LRL 8), Topics | 0 |

Fortuin v Church of Christ Mission of the RSA (3626/15) [2016] ZAECPEHC 18 (5 May 2016) per FY Renqe AJ. The applicant was ‘dis-fellowshipped’ because he divorced his wife and married someone else. He was entitled to a fair...

Equality: Priests and inherent church requirements

by GilesFiles | Aug 27, 2015 | 2015, Bill of Rights, Differentiation not discrimination, Direct and indirect discrimination, Discrimination (LRL 11), Employ Equity (LRL 12), Equal outcomes, philosophy / economics, Words & phrases, Work Science Institute | 1 |

D v Presiding Bishop of the Methodist Church of Southern Africa CCT 223/14 – to be argued in the Constitutional Court on 28 August 2015 – [media summary edited to protect personal privacy] “The following explanatory note...

Underlying binding contract: Deeming provision?

by GilesFiles | Jul 28, 2015 | 2015, B Waglay, Causes and defences, Courts, Deceased judges, Dennis Davis, Interpretation etc, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, LRA 09: 198-213 General, LRA 1995, SK Ndlovu, Statutes (LRL 2)-work, Termination (LRL 8), Topics | 0 |

Universal Church of the Kingdom of God v Myeni The LAC allowed the appeal because there was no underlying binding contract. Despite the mutually agreed relationship the pastor only rendered voluntary devotional service to the...

Dispute resolution church: Status of priest

by GilesFiles | Sep 29, 2014 | 2014 and earlier, Causes and defences, Courts, Judges, Legislation, MJD Wallis, philosophy / economics, SCA judges, Statutes (LRL 2)-work, Supreme Court of Appeal, VM Ponnan, Words & phrases | 1 |

D [….] v Presiding Bishop of the Methodist Church of Southern Africa For The Time Being (726/13) [2014] ZASCA 151; 2015 (1) SA 106 (SCA); [2015] 1 All SA 121 (SCA) (29 September 2014) per Ponnan JA (Wallis, Pillay JJA and...

Tag: church

Dis-fellowshipped: Decision reviewed and set aside

Equality: Priests and inherent church requirements

Underlying binding contract: Deeming provision?

Dispute resolution church: Status of priest