Constitution 1 Archives

Shortlisting failure unfair: Compensation awarded

by GilesFiles | Mar 15, 2024 | 2020 onwards, Applications, Bill of Rights, Causes and defences, Central, Courts, Declaratory, Differentiation not discrimination, Dignity equality freedom, EEA Chpt II ss 5-11, Employ Equity (LRL 12), Government, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, LRA 08a: 185-197B Dismissal, LRA 1995, Orders, Parties, Promotion or demotion, 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,...

Precautionary suspension considered: Right to extend?

by GilesFiles | Oct 12, 2022 | 2020 onwards, André van Niekerk, Applications, BCEA 1997 (LRL 10), BCEA 77(3) & 77A(e), Causes and defences, Central, Contractual breach, Costs, Costs awarded, Courts, Declaratory, Government, Insights, Interdicts & rules, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, LRA 07: 112-184 Dispute, LRA 08b: 185-186(2) Practices, LRA 193, LRA 1995, Management, Orders, Parties, Refused, Risks, Rules Codes & Manual, Sectors, State organs, Statutes (LRL 2)-work, Statutory, Suspensions, 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,...

Appealability of interim interdicts: Interests of justice

by GilesFiles | Sep 22, 2022 | 2020 onwards, Allowed, Appeals, Appeals - leave, Bill of Rights, Causes and defences, ConCourt judges, Constitutional Court, Costs, Costs awarded, Courts, Declaratory, Evidence & onus, Exceptions/special pleas, General, Interdicts & rules, Interpretation etc, Judges, Legal Practice, Legislation, Orders, Parties, Private enterprises, Roman Dutch law, Rules Codes & Manual, Sectors, staying proceedings, Topics | 0 |

UDM v Lebashe Investment Group (Pty) Ltd Has Constitutional Court effectively reversed the test when considering appealability of interim interdicts? ‘[67] Even under the common law, in deciding whether to grant an interim...

Deployment decision reviewed: Collective agreement

by GilesFiles | Oct 16, 2019 | 2019, Bill of Rights, Collective action, Common law, Conduct & capacity, Costs, Courts, John Murphy, Judges, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, Legality principle, LRA 197 - transfers, PAJA 2000, Parties, Restructuring, Review tests, State organs, 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,...

Collective bargaining challenge: Demarcated powers

by GilesFiles | May 4, 2016 | 2016, 64-77 Strikes, 65 limitations, AF - Internal equity external parity, Applications, Associations/corporates, Bill of Rights, Central, Collective Bargaining (LRL 5), Common law, Costs, Costs not awarded, Courts, Declaratory, Equal pay and value, ERelations (LRL 1), Evidence & onus, Free and fair, Government, High Court, High Court judges, ILO Convention 111/1958, ILO Conventions, Insights, Interpretation etc, John Murphy, Judges, Jurisdiction & powers, Labour Relations, Legal Practice, Legality principle, LRA 03: 11-63 Bargain, LRA 07: 112-184 Dispute, Management, Markets in SA, Orders, Parties, Performance, Protectable interests, Reforms required, Review tests, Risks, Sectors, Statutes (LRL 2)-work, Topics, Trade unions, Work Science Institute | 0 |

Free Market Foundation v Minister of Labour Collective bargaining challenge and a 3-bench high court judgment decided that the applicant had missed the mark but “that said, there is truth in the assertion that any...

Tag: Constitution 1

Shortlisting failure unfair: Compensation awarded

Precautionary suspension considered: Right to extend?

Appealability of interim interdicts: Interests of justice

Deployment decision reviewed: Collective agreement

Collective bargaining challenge: Demarcated powers