error of law Archives

Drawing adverse inferences: Polygraph test validity?

by GilesFiles | Mar 12, 2026 | 2020 onwards, Agriculture, Awards -s145 see also Sidumo, Causes and defences, Conduct - gross, Contractual breach, Costs, Costs not awarded, Courts, Declaratory, Disciplinary issues, Disputes: factual, Granted, Hearsay, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Lawfulness & fairness, Legal Practice, Legislation, LRA 08a: 185-197B Dismissal, LRA 1995, Orders, Parties, Polygraph test, Private enterprises, Protect not punish, Resolving disputes (LRL 3), Review tests, RN Daniels, Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, Statutory, Suspicion, Termination (LRL 8), Topics, Unlawful and void | 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,...

Intervening in ongoing arbitration: Disallowed union’s appeal

by GilesFiles | Jul 21, 2025 | 2020 onwards, Appeals, Appeals - leave, Causes and defences, Courts, Declaratory, Disallowed, Interpretation etc, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, Legality principle, Legislation, LRA 08a: 185-197B Dismissal, LRA 08b: 185-186(2) Practices, LRA 1995, Minute: pre-trial or arb, Objective - correctness, Orders, Parties, Resolving disputes (LRL 3), Review tests, Sectors, State Owned Enterprises, Statutes (LRL 2)-work, Statutory, Topics, Transport & communication | 0 |

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Disciplinary proceedings and prescription: Civil litigation?

by GilesFiles | Apr 16, 2025 | 2020 onwards, Applications, Causes and defences, Central, Connie Prinsloo, Courts, Declaratory, Fair procedure, Government, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legality principle, Legislation, LRA 07: 112-184 Dispute, LRA 1995, LRA D: 151-166 LC, Objective - correctness, Orders, Parties, Resolving disputes (LRL 3), Review tests, Sectors, Selected judges, State Owned Enterprises, Statutes (LRL 2)-work, Statutory, 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,...

Determining dispute nature: Suspension or dismissal?

by GilesFiles | Mar 3, 2025 | 2020 onwards, Anton Myburgh, Causes and defences, Courts, Declaratory, Deemed, Evidence & onus, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, LRA 08a: 185-197B Dismissal, LRA 08b: 185-186(2) Practices, LRA 1995, Objective - correctness, Orders, Parties, Personal services, Private enterprises, Resolving disputes (LRL 3), Review tests, Sectors, Selected judges, Statutes (LRL 2)-work, Statutory, Suspensions, Termination (LRL 8), Topics, Universities and schools | 0 |

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Undermining judicial independence: Granted interim interdict

by GilesFiles | Sep 27, 2024 | 2020 onwards, Applications, Bill of Rights, Causes and defences, Central, Common law, Costs, Courts, Declaratory, General, Government, Granted, granted, High Court, High Court judges, Interdicts & rules, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, Legislation, Orders, PAJA 2000, Parties, Review tests, Rule nisi, Rules Codes & Manual, Sectors, State organs, Topics, Urgency | 0 |

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Failing to hear evidence: Adopting incorrect procedure

by GilesFiles | Aug 30, 2024 | 2020 onwards, Allowed, Appeals, Appeals - leave, BC and HOAs, Causes and defences, Community schemes, Condonation, Costs, Courts, Evidence & onus, HC Uniform, High Court, High Court judges, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, Legislation, Orders, Parties, Rules Codes & Manual, Sectors, Statutory, Topics | 0 |

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Building penalty clause: Agreement misinterpreted

by GilesFiles | Aug 23, 2024 | 2020 onwards, BC and HOAs, Causes and defences, Community schemes, Costs, Courts, High Court, High Court judges, 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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Access denial provision: Public policy issues?

by GilesFiles | Jan 30, 2023 | 2020 onwards, Allowed, Appeals, Appeals - leave, Associations/corporates, BC and HOAs, Causes and defences, Community schemes, Costs, Courts, Declaratory, High Court, High Court judges, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, Management, Orders, Parties, Protectable interests, Public policy, Sectors, Statutory, Topics | 0 |

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Reasonable alternative employment: Severance pay?

by GilesFiles | Oct 24, 2022 | 2020 onwards, Applications, BCEA 1997 (LRL 10), BCEA 77(3) & 77A(e), Causes and defences, Costs, Costs not awarded, Courts, Declaratory, Evidence & onus, Judges, Labour Court, Labour Court judges, Labour Relations, LC Rules-new, LC Rules-old, LC-Practice Manual, Legal Practice, LRA 07: 112-184 Dispute, LRA 1995, Objective - correctness, Orders, Parties, Personal services, Private enterprises, Review tests, RGO Lagrange, Sectors, Severance pay, Statutes (LRL 2)-work, Statutory, 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,...

Determining remuneration package: NMWA and commission

by GilesFiles | Mar 15, 2022 | 2020 onwards, Awards -s145 see also Sidumo, BCEA 1997 (LRL 10), Causes and defences, Costs, Courts, Declaratory, Disputes: factual, Evidence & onus, Finance, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, LRA 07: 112-184 Dispute, LRA 1995, Management, Objective - correctness, Orders, Parties, Policies - all, Private enterprises, Regulations, Review tests, Sectors, 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,...

Lodging appeal effect: Suspension of order?

by GilesFiles | Feb 19, 2021 | 2020 onwards, Appeals, Applications, Associations/corporates, Causes and defences, Courts, Declaratory, General, High Court, High Court judges, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, Legislation, Non-profit organisations, Orders, Parties, Personal services, Roman Dutch law, Sectors, Special pleas, Topics | 0 |

Cotty v Registrar: Council for Medical Schemes High court confirmed that the effect at common law of lodging an appeal against a court order has the effect of suspending the operation of the decision appealed against but when...

Intense union rivalry: Representation of members

by GilesFiles | Sep 12, 2019 | 2019, Applications, Causes and defences, Collective Bargaining (LRL 5), Courts, Fair procedure, GN Moshoana, Joinder, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, LRA 03: 11-63 Bargain, LRA 06: 95-111 Unions, LRA 07: 112-184 Dispute, LRA 1995, Municipal, Organisations (LRL 4), Parties, Review tests, 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,...

Tag: error of law