Erroneously granted Archives

Direct access allowed: ConCourt order lacks clarity?

by GilesFiles | May 30, 2022 | 2020 onwards, Appeals, Appeals - leave, Bill of Rights, Causes and defences, Central, ConCourt judges, Constitutional Court, Costs, Costs awarded, Courts, Declaratory, Disallowed, Evidence & onus, Exceptions/special pleas, Government, HC Uniform, Interpretation etc, Judges, Jurisdiction & powers, leave to appeal, Legal Practice, Legality principle, LRA 144 and 165 rescissions, M Madlanga, Orders, Parties, Review tests, Rules Codes & Manual, Sectors, Special pleas, State organs, Topics | 0 |

Minister of Finance v Sakeliga NPC (fka Afribusiness NPC) Constitutional court allowed direct access to consider application to vary earlier order but what does ‘execution’ mean? [13] Plainly, execution of a...

Rescinding order considered: Strike off or dismiss?

by GilesFiles | Oct 6, 2021 | 2020 onwards, Absenteeism, Applications, Costs, Courts, Government, HC Uniform, Judges, Labour Court, Labour Court judges, Labour Relations, LC Rules-old, LC-Practice Manual, Legal Practice, LRA 07: 112-184 Dispute, LRA 144 and 165 rescissions, LRA 1995, Municipal, Orders, Parties, Rules Codes & Manual, 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,...

Quantifying back-pay: Material mistake

by GilesFiles | Jul 6, 2021 | 2020 onwards, 2020 onwards, Appeals, Appeals - leave, Causes and defences, ConCourt judges, Conduct & capacity, Constitutional Court, Costs, Costs not awarded, Courts, Disputes: factual, Evidence & onus, Judges, Just and equitable relief, Labour Relations, Landmark judgments, leave to appeal, Legal Practice, LRA 07: 112-184 Dispute, LRA 08a: 185-197B Dismissal, LRA 193, LRA 194, LRA 1995, Mining, Orders, Parties, Private enterprises, Protect not punish, Reinstatement, Review tests, Risks, Sectors, Sidumo - see also awards s 145, Statutes (LRL 2)-work, Statutory, 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,...

Reinstatement effect considered: Reinstate and compensate?

by GilesFiles | Dec 11, 2020 | 2020 onwards, Appeals, Appeals - leave, Awards -s145 see also Sidumo, Compensation or damages, Conduct & capacity, Courts, Disallowed, F Kathree-Setiloane, Government, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, LRA 07: 112-184 Dispute, LRA 08a: 185-197B Dismissal, LRA 193, LRA 1995, Orders, Parties, Provincial, Reinstatement, Review tests, Sectors, Sidumo - see also awards s 145, 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,...

Textbook evidence considered: Requirements not met

by GilesFiles | Jul 21, 2020 | 2020 onwards, Allowed, Appeals, Appeals - leave, Bill of Rights, Causes and defences, ConCourt judges, Constitutional Court, Courts, Evidence & onus, General, Hearsay, Judges, Legal Practice, M Madlanga, Orders, Parties, Sectors, Topics | 0 |

Van der Walt v State Textbook evidence considered and decided that the applicant was ambushed by the late pronouncement on the admissibility of exhibits and rejected the argument that the evidence elicited through...

Strike ballot requirement: Strike not unprotected

by GilesFiles | Jun 25, 2020 | 2020 onwards, 64-77 Strikes, 67 protected strike, Allowed, Appeals, Appeals - leave, Bill of Rights, Courts, Declaratory, Interpretation etc, John Murphy, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, LRA 04: 64-69 Power plays (LRL 6), LRA 07: 112-184 Dispute, LRA 1995, LRAA 8/18, Manufacturing, Objective - correctness, Orders, Parties, Review tests, Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, Topics, Trade unions | 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,...

Juristic personality examined: Need to cite trustees?

by GilesFiles | Mar 25, 2020 | 2020 onwards, Allowed, Appeals, Appeals - leave, Associations/corporates, Causes and defences, Courts, Exceptions/special pleas, General, Irregular proceeding, Joinder, Judges, Legal Practice, Orders, Parties, SCA judges, Sectors, Special pleas, Supreme Court of Appeal, Topics, Trustees | 0 |

Tusk Construction Support Services (Pty) Ltd v Independent Development Trust Juristic personality examined in some detail and SCA upheld the appeal and criticised the judge in the high court for not providing a proper reasoned...

Reinstatement order reversed: Appealing interim order

by GilesFiles | Jan 14, 2020 | 2020 onwards, Appeals, Causes and defences, Conduct & capacity, Courts, erroneously sought, High Court, High Court judges, Interdicts & rules, Judges, Jurisdiction & powers, Labour Relations, Lawfulness & fairness, Legal Practice, LRA 07: 112-184 Dispute, LRA 08a: 185-197B Dismissal, LRA 1995, Orders, PA Meyer, Parties, Private enterprises, Sectors, Settlement agreements, Specific performance, 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,...

Unusual costs order: Successful legal practitioner

by GilesFiles | Dec 11, 2019 | 2019, Allowed, Appeals, Appeals - leave, Causes and defences, Costs awarded, Courts, Fair procedure, Finance, Interpretation etc, Judges, Jurisdiction & powers, Just and equitable relief, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, LRA 07: 112-184 Dispute, LRA 08a: 185-197B Dismissal, LRA 193, LRA 194, LRA 1995, Orders, Parties, Private enterprises, Progressive, Roland Sutherland, Sectors, Statutes (LRL 2)-work, Statutory, Substance, Topics, Warnings | 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,...

Unduly formalistic approach: Gross irregularity

by GilesFiles | Nov 5, 2019 | 2019, Allowed, Appeals - leave, Awards -s145 see also Sidumo, Central, Condonation, Conduct - gross, Costs, Courts, Disputes: factual, Evidence & onus, Granted, Intolerable, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, LC Rules-old, LC-Practice Manual, Legal Practice, LRA 07: 112-184 Dispute, LRA 08a: 185-197B Dismissal, LRA 1995, Orders, P Coppin, Parties, Review tests, Rules Codes & Manual, Sectors, Sidumo - see also awards s 145, 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,...

Default judgment rescinded: Reasonable prospects

by GilesFiles | Oct 25, 2019 | 2019, Courts, HC Uniform, Judges, Labour Court, Labour Court judges, Labour Relations, LC Rules-old, LC-Practice Manual, Legal Practice, LRA 07: 112-184 Dispute, LRA 144 and 165 rescissions, LRA 1995, Operational reasons, Orders, Rules Codes & Manual, 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,...

Staying execution sale: Final or interim relief

by GilesFiles | Sep 19, 2019 | 2019, Causes and defences, Costs punitive, Courts, Damages, HC Uniform, High Court, High Court judges, Interdicts & rules, Judges, Jurisdiction & powers, Legal Practice, Municipal, Parties, Pension & retirement funds, Rules Codes & Manual, Sectors, Topics | 0 |

SA Municipal Workers’ Union National Provident Fund v Kopanong Local Municipality Staying execution sale was intended to be an interim order and the high court had no power to effectively create a contract for the parties...

Tag: Erroneously granted