express and tacit consent Archives

Covid-19 pandemic consequences: Compensation awarded

by GilesFiles | Nov 6, 2025 | 2020 onwards, Allowed, André van Niekerk, Appeals, Appeals - leave, Balancing interests, BCEA 77(3) & 77A(e), Causes and defences, Contractual breach, Costs not awarded, Courts, Declaratory, Impossibility or illegality, Interpretation etc, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, Lawfulness & fairness, Legal Practice, Legislation, LRA 04: 64-69 Power plays (LRL 6), LRA 08a: 185-197B Dismissal, LRA 08a: 189 and 189A see Termination, Notice requirements, Operational reasons, Orders, Parties, Private enterprises, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, Special pleas, Statutes (LRL 2)-work, Termination (LRL 8), Topics, Transport & communication | 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,...

Removing cattle from farm: Grazing rights confirmed

by GilesFiles | Aug 1, 2025 | 2020 onwards, Agriculture, Allowed, Appeals, Bill of Rights, Causes and defences, Common law, ConCourt judges, Constitutional Court, Costs, Courts, Declaratory, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, Legislation, Micro enterprises, OL Rogers, Orders, Parties, Private enterprises, Review tests, Sectors, 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,...

Reviewing eviction order: Employment terminated

by GilesFiles | Jan 15, 2025 | About GilesFiles, Agriculture, Applications, Bill of Rights, Causes and defences, Conduct & capacity, Costs, Courts, Declaratory, Eviction/ejectment, Interpretation etc, Judges, Jurisdiction & powers, Labour Relations, Land Claims Court, Land Claims Court Judges, Legal Practice, Legislation, LRA 07: 112-184 Dispute, LRA 08a: 185-197B Dismissal, LRA 1995, LRA D: 151-166 LC, Orders, Parties, Private enterprises, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics | 0 |

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Extension of sectional scheme: Approval of owners?

by GilesFiles | Dec 9, 2024 | 2020 onwards, Allowed, AP - Community schemes, Appeals, Appeals - leave, BC and HOAs, Causes and defences, Community schemes, Costs, Courts, Declaratory, Evidence & onus, Insights, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, Legislation, Orders, Parties, SCA judges, Sectors, Statutory, Supreme Court of Appeal, Topics | 0 |

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Breaching employment contracts: Changes imposed unilaterally

by GilesFiles | Apr 17, 2024 | 2020 onwards, 64 Strikes/lockouts, 64-77 Strikes, Applications, BCEA 1997 (LRL 10), BCEA 77(3) & 77A(e), Causes and defences, Contractual breach, Costs, Courts, Declaratory, Inherent requirements, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, Logistics, LRA 08a: 189 and 189A see Termination, LRA 193, LRA 194, LRA 1995, MR Makhura, Notice requirements, Operational reasons, Orders, Parties, Private enterprises, Restructuring, Rules Codes & Manual, Sectors, Severance pay, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics, Transport & communication | 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,...

Grazing livestock rights: Tacit consent granted

by GilesFiles | Nov 11, 2022 | Agriculture, Applications, Bill of Rights, Causes and defences, Contractual breach, Courts, Declaratory, Eviction/ejectment, Evidence & onus, Interdicts & rules, Judges, Jurisdiction & powers, Land Claims Court, Land Claims Court Judges, Legal Practice, Legislation, Orders, Parties, Refused, Sectors, Statutory, Topics, Trustees | 0 |

Moladora Trust v Mereki On what basis do occupiers of farm land enjoy livestock grazing rights and is tacit consent sufficient to establish that right? “”32. The conclusion that there was tacit consent is, in my...

Demolishing improvements considered: Permanent structure?

by GilesFiles | Oct 25, 2022 | 2020 onwards, BC and HOAs, Body C Conduct, Body C Manage, Causes and defences, Community schemes, Costs, Courts, Declaratory, Evidence & onus, High Court, High Court judges, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, Legislation, Orders, Parties, Rules Codes & Manual, Sectors, Topics | 0 |

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Age discrimination considered: Discriminatory dismissals

by GilesFiles | Mar 11, 2020 | 2020 onwards, AUD, Bill of Rights, Courts, EEA 1998, EEA Chpt II ss 5-11, Employ Equity (LRL 12), Evidence & onus, Exceptions/special pleas, GN Moshoana, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, LRA 07: 112-184 Dispute, LRA 08a: 185-197B Dismissal, LRA 1995, Motor industry, Parties, Sectors, Statutes (LRL 2)-work, Termination (LRL 8), Topics | 0 |

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Occupier unlawfully evicted: Probation report required

by GilesFiles | Sep 28, 2018 | 2018, 2018, Applications, Courts, Eviction/ejectment, Evidence & onus, Judges, Landmark judgments, Legal Practice, Legislation, Orders, Practices (LRL 9), SCA judges, Sectors, Supreme Court of Appeal, Topics | 0 |

Monde v Viljoen NO (Millhurst Farm) Occupier unlawfully evicted in the absence of a report from the probation officer. “Consistent with the overall purpose of ESTA, s 9(3) forms part of provisions that impose limitations...

Informational self-determination: GDPR and dignity or liberty

by GilesFiles | Apr 15, 2018 | Insights, Legislation, Personal Information | 0 |

The right to decide what to disclose about oneself is called by Germans informational self-determination according to an article by Hannah Kuchler, an FT correspondent in San Francisco, and published in the FT over the weekend:...

Inference: Distinguish from conjecture or speculation

by GilesFiles | May 18, 2017 | 2017, Appeals, Causes and defences, Courts, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, MJD Wallis, SCA judges, Settlement agreements, Supreme Court of Appeal | 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,...

Evicting under ESTA: Right to family life

by GilesFiles | Jul 14, 2016 | 2016, Agriculture, Applications, Bill of Rights, Community schemes, ConCourt judges, Constitutional Court, Courts, Eviction/ejectment, Judges, Legal Practice, Legislation, Orders, Sectors, Statutes (LRL 2)-work, Topics | 0 |

Klaase v Van der Merwe NO (CCT 23/15) [2016] ZACC 17 (14 July 2016) The ConCourt was faced with a complicated appeal from two judgments of the land claims court (LCC). A family lived on the farm. The husband was employed and...

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