Forum shopping Archives

Cost-of-living adjustments: Section 18 of NPAA

by GilesFiles | Nov 20, 2025 | 2020 onwards, Applications, Causes and defences, Central, Costs not awarded, Courts, Declaratory, GN Moshoana, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, LC Rules-old, Legal Practice, Legality principle, Legislation, LRA 1995, LRA D: 151-166 LC, Orders, Parties, Refused, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, State organs, 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,...

Two causes of action: Lis alibi pendens?

by GilesFiles | Jul 10, 2025 | 2020 onwards, Balancing interests, BCEA 77(3) & 77A(e), Cause of action defined, Causes and defences, Constructive: 186(1)(e), Costs not awarded, Courts, Declaratory, Exceptions/special pleas, Interpretation etc, Judges, Jurisdiction & powers, Just and equitable relief, Labour Court, Labour Court judges, Labour Relations, Lawfulness & fairness, Legal Practice, Legislation, lis alibi pendens, LRA 08a: 185-197B Dismissal, LRA 08b: 185-186(2) Practices, LRA 1995, Micro enterprises, MR Makhura, Orders, Parties, Personal services, Private enterprises, Refused, Res judicata (issue estoppel), Resignations, Resolving disputes (LRL 3), Roman Dutch law, Rules Codes & Manual, Sectors, Special pleas, 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,...

Internal review process: Breaching employee contract?

by GilesFiles | Dec 4, 2020 | 2020 onwards, Applications, Causes and defences, Common law, Conduct & capacity, Contractual breach, Costs, Courts, Declaratory, Fair procedure, High Court, High Court judges, Interdicts & rules, Judges, Labour Relations, Legal Practice, Orders, Parties, Refused, Review tests, Sectors, Termination (LRL 8), Topics, Universities and schools, Urgency | 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,...

Operational requirements dismissal: Group or individual?

by GilesFiles | Aug 23, 2020 | 2020 onwards, Courts, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, LRA 07: 112-184 Dispute, LRA 08a: 185-197B Dismissal, LRA 1995, Parties, Private enterprises, Review tests, 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,...

Forum shopping: Discrimination high court jurisdiction

by GilesFiles | Jun 6, 2017 | 2017, Courts, Discrimination (LRL 11), General, Government, High Court, High Court judges, Judges, Jurisdiction & powers, Labour Relations, Legal Practice, Municipal, Parties, Sectors, 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,...

Nepotism: Legality in municipal appointments

by GilesFiles | Apr 9, 2015 | 2015, Causes and defences, Collective Bargaining (LRL 5), Jurisdiction & powers, Labour Relations, Legality principle, Miscellaneous, Municipal managers, Res judicata (issue estoppel), Words & phrases | 0 |

Samwu v EThekwini Municipality (1973/2013) [2015] ZAKZDHC 31 (9 April 2015) per Olsen J. The High Court refused to grant the application. Samwu challenged the appointment of the Head: City Health in the municipal structure....

Eish happens on the way to forums

by GilesFiles | Sep 9, 2014 | 2014 and earlier, Bargaining councils, Collective Bargaining (LRL 5), Courts, Dennis Davis, Free and fair, High Court, High Court judges, Judges, Jurisdiction & powers, Legal Practice, Parties, Work Science Institute | 0 |

This is what Justice Davis stated in para [36] in O Thorpe Construction v Minister of Labour (9380/2013) [2014] ZAWCHC 140; (2015) 36 ILJ 935 (WCC) (9 September 2014) Various small employers in the Western Cape failed on Monday...

Causes of action: Chirwa v Transnet (CC) examined

by GilesFiles | Jun 9, 2009 | 2014 and earlier, Bill of Rights, Causes and defences, Central, Courts, General, Judges, Lawfulness & fairness, Legislation, PAJA 2000, Sectors, State organs, Supreme Court of Appeal, Thought Leaders, Topics | 1 |

The Supreme Court of Appeal last week delivered two important judgments concerning the rights of employees on termination of employment. It is now clearly established that employees in the public sector, including those...

Tag: Forum shopping