Constitution 22 Archives

Protecting legitimate interests: Restraining former employee

by GilesFiles | May 2, 2025 | 2020 onwards, AB - Law generally, Applications, BCEA 77(3) & 77A(e), Bill of Rights, Causes and defences, Contractual breach, Costs, Courts, Free and fair, Granted, Granted, Insights, Interdicts & rules, Interpretation etc, Judges, Jurisdiction & powers, Just and equitable relief, Labour Court, Labour Court judges, Legal Practice, Legislation, Management, Markets in SA, Orders, Parties, Personal Information, Personal services, Private enterprises, Protectable interests, Resolving disputes (LRL 3), RGO Lagrange, Risks, Rules Codes & Manual, Sectors, Selected judges, Topics, Trade restraints, Urgency | 0 |

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Legitimate protectable interest: Enforcing restraint?

by GilesFiles | Jan 29, 2025 | 2020 onwards, AB1 - Fairness principle or concept, Appeals, Appeals - leave, Applications, BCEA 1997 (LRL 10), BCEA 77(3) & 77A(e), Bill of Rights, Causes and defences, Contractual breach, Costs, Courts, Declaratory, Dennis Davis, Disallowed, Evidence & onus, Free and fair, Insights, Interdicts & rules, Interpretation etc, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, Management, Manufacturing, Markets in SA, Objective - correctness, Orders, Parties, Personal services, Private enterprises, Protectable interests, Public policy, Resolving disputes (LRL 3), Retired judges, Review tests, Rules Codes & Manual, Sectors, Topics, Trade restraints | 0 |

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Restraining competitor confirmed: Interest warranting protection

by GilesFiles | Oct 18, 2024 | 2020 onwards, Applications, BCEA 1997 (LRL 10), BCEA 77(3) & 77A(e), Causes and defences, Contractual breach, Costs, Courts, Declaratory, Evidence & onus, Granted, Insights, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, LC Rules-new, Legal Practice, Legislation, Logistics, Management, Orders, Parties, Private enterprises, Protectable interests, Public policy, Resolving disputes (LRL 3), Risks, Rules Codes & Manual, Sean Snyman, Sectors, Selected judges, Statutes (LRL 2)-work, Topics, Trade, Trade restraints | 0 |

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Certificate of Need Scheme: Unconstitutional sections

by GilesFiles | Jul 24, 2024 | Causes and defences, Costs, Courts, Interpretation etc, Judges, Jurisdiction & powers, Labour Relations, Legal Practice, Legislation, LRA 07: 112-184 Dispute, LRA 1995, LRA D: 151-166 LC, Orders, Parties, Review tests, Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, Topics | 0 |

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Service not business transferred: LRA s 197 inapplicable

by GilesFiles | Mar 27, 2024 | 2020 onwards, Applications, BCEA 1997 (LRL 10), Causes and defences, Costs, Courts, Declaratory, Evidence & onus, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, Logistics, LRA 08a: 185-197B Dismissal, LRA 197 - transfers, LRA 1995, Operational reasons, Orders, Parties, Personal services, Private enterprises, Resolving disputes (LRL 3), Rules Codes & Manual, Sean Snyman, Sectors, Severance pay, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics, Trade | 0 |

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Unilaterally rescinding contracts: Legality review applied

by GilesFiles | Feb 29, 2024 | 2020 onwards, Applications, Authority: Sapiential or delegated, Causes and defences, Contractual breach, Costs, Courts, Declaratory, Evidence & onus, Government, Granted, High Court, High Court judges, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, Legality principle, Legislation, LRA 144 and 165 rescissions, Metro, Municipal managers, Orders, PAJA 2000, Parties, Reinstatement, Res judicata (issue estoppel), Resolving disputes (LRL 3), Sectors, State organs, Statutory, Topics | 0 |

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Enforcing restraint agreement: Crafting narrow restraint

by GilesFiles | Jan 23, 2024 | 2020 onwards, Appeals, BCEA 1997 (LRL 10), BCEA 77(3) & 77A(e), Causes and defences, Contractual breach, Costs, Courts, Declaratory, Dennis Davis, Disallowed, Finance, Insights, Interpretation etc, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, Legislation, LRA 07: 112-184 Dispute, LRA D: 151-166 LC, Management, Orders, Parties, Private enterprises, Protectable interests, Rules Codes & Manual, Sectors, Selected judges, Topics, Trade restraints | 0 |

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Restraint agreement enforced: 24 months reasonable

by GilesFiles | Aug 17, 2023 | 2020 onwards, Appeals, Appeals - leave, Applications, Balancing interests, BCEA 77(3) & 77A(e), Bill of Rights, Causes and defences, Contractual breach, Costs, Courts, Declaratory, Dennis Davis, Disallowed, Granted, Insights, Interdicts & rules, Interpretation etc, Judges, Jurisdiction & powers, Just and equitable relief, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, Logistics, LRA 197 - transfers, Objective - correctness, Orders, Parties, Private enterprises, Protectable interests, Public policy, Review tests, Rules Codes & Manual, Sectors, Selected judges, Topics, Trade restraints | 0 |

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Unreasonable restraint altered: Lesser restrictions imposed

by GilesFiles | Aug 17, 2023 | 2020 onwards, Allowed, Appeals, Appeals - leave, Balancing interests, Bill of Rights, Causes and defences, Contractual breach, Costs, Courts, Declaratory, Dignity equality freedom, Insights, Interpretation etc, Judges, Labour Appeal Court, LAC judges, Legal Practice, Objective - correctness, Orders, Parties, Personal services, Private enterprises, Protectable interests, Public policy, Review tests, Sectors, Topics, Trade restraints | 0 |

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Protected interest considered: Restraint covenant?

by GilesFiles | Nov 8, 2022 | 2020 onwards, Applications, BCEA 1997 (LRL 10), BCEA 77(3) & 77A(e), Causes and defences, Contractual breach, Costs, Courts, Declaratory, Insights, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, LRA 07: 112-184 Dispute, LRA 1995, MPN Nkutha-Nkontwana, Orders, Parties, Personal services, Private enterprises, Protectable interests, Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, Topics, Trade restraints | 0 |

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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 |

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Unenforceable trade restraint: Individual freedom?

by GilesFiles | Aug 12, 2022 | 2020 onwards, Applications, Bill of Rights, Causes and defences, Consumer protection, Contractual breach, Costs, Costs not awarded, Courts, Declaratory, Dignity equality freedom, Evidence & onus, Finance, Free and fair, Insights, Interdicts & rules, Judges, Labour Court, Labour Court judges, Labour Relations, LC Rules-old, Legal Practice, LRA 07: 112-184 Dispute, LRA 1995, Management, Markets in SA, MPN Nkutha-Nkontwana, Orders, Parties, Private enterprises, Protectable interests, Public policy, Refused, Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, Topics, Trade restraints, Urgency | 0 |

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Tag: Constitution 22