fiduciary duties Archives

Counterclaiming substantial damages: Lawfulness and fairness

by GilesFiles | Sep 13, 2024 | 2020 onwards, Applications, Awards -s145 see also Sidumo, BCEA 1997 (LRL 10), BCEA 77(3) & 77A(e), Causes and defences, Central, Conduct & capacity, Connie Prinsloo, Contractual breach, Costs, Courts, Declaratory, Delict, Evidence & onus, Fair procedure, Fixed-term, Government, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Lawfulness & fairness, Legal Practice, Legislation, LRA 1995, Minute: pre-trial or arb, Objective - correctness, Orders, Parties, Policies - all, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, Selected judges, State Owned Enterprises, 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,...

Disgorging secret profits: Secondment agreements

by GilesFiles | Apr 11, 2024 | 2020 onwards, Appeals, Appeals - leave, Applications, BCEA 1997 (LRL 10), BCEA 77(3) & 77A(e), Causes and defences, Contractual breach, Costs, Courts, Damages, Declaratory, Delict, Disallowed, Finance, General, Interpretation etc, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, Lawfulness & fairness, Legal Practice, Orders, Parties, Personal services, Private enterprises, Sectors, Terms & conditions, Topics, Words & phrases | 0 |

RFS Administrator v SLS and others What are legal requirements when claim relates to disgorging secret profits and what is effect of secondment agreement? “[62] In order to succeed with its claim for disgorgement of...

Legal practitioners charges: Hopeless cases

by GilesFiles | Jun 7, 2023 | 2020 onwards, Applications, Causes and defences, Contempt, Costs, Courts, Declaratory, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, LRA 07: 112-184 Dispute, LRA 1995, LRA D: 151-166 LC, Orders, Parties, Personal services, Rules Codes & Manual, Sectors, self-created urgency, Statutes (LRL 2)-work, Statutory, Topics, Universities and schools | 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,...

Broken trust relationship: Fiduciary duty breached

by GilesFiles | Mar 28, 2023 | 2020 onwards, Awards -s145 see also Sidumo, Causes and defences, Conduct & capacity, Costs, Courts, Declaratory, Evidence & onus, Judges, Labour Court, Labour Court judges, Labour Relations, Legal Practice, LRA 07: 112-184 Dispute, LRA 08a: 185-197B Dismissal, LRA 1995, LRA Sch 8: GP Code, Orders, Parties, Review tests, Rules Codes & Manual, Sean Snyman, Sectors, Selected judges, Sidumo - see also awards s 145, State Owned Enterprises, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics, Transport & communication, 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,...

Authorising financial statements: Director’s liability?

by GilesFiles | Jan 23, 2023 | 2020 onwards, Agriculture, Applications, Cause of action defined, Causes and defences, Costs, Courts, Declaratory, Evidence & onus, Exceptions/special pleas, HC Uniform, High Court, High Court judges, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, Orders, Parties, Pleadings: amending, Private enterprises, Rules Codes & Manual, Sectors, Statutory, Topics, Words & phrases | 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,...

Administration of trade union: Resolving disputes

by GilesFiles | Dec 7, 2022 | 2020 onwards, Applications, Causes and defences, Conduct & capacity, Contempt, Costs, Courts, Declaratory, Judges, Just and equitable relief, Labour Court, Labour Court judges, Labour Relations, Lawfulness & fairness, Legal Practice, Legality principle, Legislation, lis alibi pendens, LRA 06: 95-111 Unions, LRA 07: 112-184 Dispute, LRA 1995, LRA D: 151-166 LC, Orders, Organisations (LRL 4), Parties, Personal services, Restructuring, Review tests, Rules Codes & Manual, Sean Snyman, Sectors, Statutes (LRL 2)-work, Termination (LRL 8), Topics, Trade unions, 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,...

Breaching trust relationship: Proof of actual loss?

by GilesFiles | May 17, 2022 | 2020 onwards, Appeals, Appeals - leave, Awards -s145 see also Sidumo, Banks, Causes and defences, Conduct & capacity, Contractual breach, Costs, Costs not awarded, Courts, Disallowed, Evidence & onus, Finance, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, LRA 07: 112-184 Dispute, LRA 08a: 185-197B Dismissal, LRA 1995, MV Phatshoane, Orders, Parties, Private enterprises, Review tests, Roman Dutch law, Rules Codes & Manual, Sectors, Sidumo - see also awards s 145, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Terms & conditions, Topics, Trust & confidence | 0 |

Sasbo v Standard Bank Does breaching the employment trust relationship have to include proof of actual loss and when is there a valid and fair reason to terminate employment? “[30] Ms Cassim testified that Ms F’s conduct...

Cancelling settlement agreement: Misrepresented facts

by GilesFiles | Feb 17, 2022 | 2020 onwards, André van Niekerk, Applications, BCEA 1997 (LRL 10), BCEA 77(3) & 77A(e), Causes and defences, Contractual breach, Costs, Costs not awarded, Courts, Declaratory, Evidence & onus, Exceptions/special pleas, Finance, Interpretation etc, Judges, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Logistics, Orders, Parties, Private enterprises, Roman Dutch law, Sectors, Special pleas, Specific performance, Terms & conditions, 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,...

Disseminating false information: Destroyed trust

by GilesFiles | Aug 2, 2021 | 2020 onwards, Associations/corporates, Awards -s145 see also Sidumo, Conduct - gross, Costs, Courts, Evidence & onus, Finance, Judges, Labour Court, Labour Court judges, Labour Relations, Legal Practice, LRA 07: 112-184 Dispute, LRA 1995, Orders, Parties, Review tests, Sean Snyman, 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,...

Funds wrongfully misappropriated: Third parties?

by GilesFiles | Mar 18, 2021 | 2020 onwards, Appeals, Appeals - leave, Banks, Causes and defences, Consumer protection, Courts, Declaratory, Delict, Disallowed, Exceptions/special pleas, Finance, General, Interpretation etc, Judges, Legal Practice, Orders, Parties, Roland Sutherland, Roman Dutch law, SCA judges, Sectors, Special pleas, Supreme Court of Appeal, Topics | 0 |

FirstRand Bank Ltd v Spar Group Ltd SCA considered case where funds were wrongfully misappropriated and decided that although disbursements from the bank accounts by a customer were not a breach of fiduciary duty they were...

Complex interdict refused: Court considered interim relief

by GilesFiles | Mar 5, 2019 | 2019, 2019, Bill of Rights, Causes and defences, Community schemes, Courts, High Court, High Court judges, Insights, Interdicts & rules, Interim relief, Judges, Landmark judgments, Legal Practice, Protectable interests, Sectors, Topics, Trade restraints | 0 |

Big Catch Fishing Tackle (Pty) Ltd v Kemp Complex interdict refused by the high court after considering the rights of employers against former employees including restraints, unlawful competition and the use of confidential...

Abominable abusive action: Punitive costs awarded

by GilesFiles | Dec 11, 2018 | 2018, 2018, Causes and defences, Central, Conduct - gross, Conduct & capacity, Contractual breach, Costs, Costs punitive, Courts, Fair procedure, High Court, High Court judges, Judges, Labour Relations, Landmark judgments, Legal Practice, Notice requirements, Recusal, Sectors, State Owned Enterprises, Termination (LRL 8), Topics, Trust & confidence | 0 |

Moyane v Ramaphosa Abominable abusive action and allegations attacking the integrity of a number of important national figures suitably punished with an award of costs on a punitive scale. “The primary relief that...

Tag: fiduciary duties