force majeure Archives

Remuneration after reinstatement ordered: Backpay calculation

by GilesFiles | Oct 8, 2024 | 2020 onwards, Applications, BCEA 1997 (LRL 10), BCEA 77(3) & 77A(e), Causes and defences, Contractual breach, Costs, Courts, Declaratory, Evidence & onus, Finance, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, LRA 08a: 185-197B Dismissal, LRA 1995, Operation of law, Orders, Parties, Private enterprises, Resolving disputes (LRL 3), Rules Codes & Manual, Sectors, Settlement agreements, Severance pay, Specific performance, 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,...

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,...

Varying contractual terms: Shifren principle applied

by GilesFiles | Feb 22, 2024 | 2020 onwards, 64 Strikes/lockouts, 64-77 Strikes, BCEA 77(3) & 77A(e), Causes and defences, Contractual breach, Costs not awarded, Courts, Covid-19 issues, Declaratory, Hearsay, Impossibility or illegality, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, LRA 09: 198-213 General, LRA 1995, MPN Nkutha-Nkontwana, Orders, Parties, Private enterprises, Resolving disputes (LRL 3), Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, 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,...

Breaching fixed-term agreement: Assessing damages?

by GilesFiles | Jan 27, 2023 | 2020 onwards, Applications, BCEA 1997 (LRL 10), BCEA 77(3) & 77A(e), Causes and defences, Conduct & capacity, Contractual breach, Costs, Courts, Declaratory, Fixed-term, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Lawfulness & fairness, Legal Practice, Legislation, LRA 144 and 165 rescissions, LRA 1995, MTM Phehane, Orders, Parties, Personal services, Rules Codes & Manual, Sectors, State Owned Enterprises, 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,...

Supervision and business rescue: Management and control

by GilesFiles | Jun 3, 2020 | 2020 onwards, Applications, business rescue, Causes and defences, Consumer protection, Courts, Declaratory, Evidence & onus, Exceptions/special pleas, High Court, High Court judges, Hospitality, Impossibility or illegality, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, Legislation, Orders, Parties, Private enterprises, Sectors, Special pleas, Statutory, Termination (LRL 8), Topics, Urgency | 0 |

Matshazi v Mezepoli Melrose Arch (Pty) Ltd Supervision and business rescue and high court rejected the contention that the applications were brought for an ulterior purpose in order to wrest control from the current management...

Tag: force majeure

Remuneration after reinstatement ordered: Backpay calculation

Breaching employment contracts: Changes imposed unilaterally

Varying contractual terms: Shifren principle applied

Breaching fixed-term agreement: Assessing damages?

Supervision and business rescue: Management and control