fraud Archives - GilesFiles

Disciplinary hearing evidence: Failure of justice?

by GilesFiles | Oct 10, 2023 | 2020 onwards, Appeals, Appeals - leave, Bill of Rights, Causes and defences, Central, ConCourt judges, Constitutional Court, Contractual breach, Courts, Declaratory, Disallowed, Evidence & onus, Government, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, Orders, Parties, Personal services, Sectors, State organs, Statutory, Topics | 0 |

NL v State Was there a need to allow legal representation during informal disciplinary hearing where incriminating evidence was obtained? “[45] Since there is no constitutional issue, this Court need not assess the merits...

Labour Court jurisdiction: Examined and explained

by GilesFiles | Aug 17, 2023 | 2020 onwards, B Waglay, Conduct - gross, Conduct & capacity, Costs, Courts, Judges, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, LRA 07: 112-184 Dispute, LRA 1995, Orders, Parties, Review tests, Rules Codes & Manual, Sectors, Selected judges, Statutes (LRL 2)-work, Suspensions, 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,...

Natural justice governs: Right to be heard

by GilesFiles | Jun 9, 2023 | 2020 onwards, André van Niekerk, BCEA 1997 (LRL 10), BCEA 77(3) & 77A(e), Causes and defences, Conduct & capacity, Contractual breach, Costs, Courts, Declaratory, Fair procedure, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, LC Rules-new, Legal Practice, Legality principle, LRA 07: 112-184 Dispute, LRA 1995, Objective - correctness, Orders, Parties, Personal services, Review tests, Risks, Rules Codes & Manual, Sectors, Selected judges, State Owned Enterprises, Statutes (LRL 2)-work, Statutory, Substance, 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,...

Fake degree certificate: Benefits forfeited

by GilesFiles | Dec 15, 2022 | 2020 onwards, Applications, Causes and defences, Conduct - gross, Conduct & capacity, Contractual breach, Costs, Costs punitive, Courts, Declaratory, Evidence & onus, Government, High Court, High Court judges, Judges, Jurisdiction & powers, Labour Relations, Legal Practice, Legislation, Orders, Parties, Regional, Roman Dutch law, Sectors, State organs, State Owned Enterprises, 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,...

Mutual termination of employment: Declaratory order

by GilesFiles | Aug 29, 2022 | 2020 onwards, Applications, Causes and defences, Contractual breach, Costs, Costs awarded, Courts, Declaratory, Evidence & onus, Granted, HC Uniform, High Court, High Court judges, Interdicts & rules, Judges, Jurisdiction & powers, Legal Practice, Mutual termination, Orders, Parties, Private enterprises, Rules Codes & Manual, Sectors, Settlement agreements, Termination (LRL 8), Topics | 0 |

Centlec (Soc) Ltd v Nkomo Mutual termination of employment and what are requirements for granting a declaratory order to enforce the terms thereof? “[30] In my view, what is at issue here is Centlec’s contractual right to...

Destroying trust relationship: Senior manager’s conduct

by GilesFiles | Jun 6, 2022 | 2020 onwards, Awards -s145 see also Sidumo, Banks, Causes and defences, Conduct - gross, Conduct & capacity, Contractual breach, Costs, Costs not awarded, Courts, Declaratory, Fair procedure, Finance, H Rabkin-Naicker, Interpretation etc, Judges, Labour Court, Labour Court judges, Labour Relations, Legal Practice, LRA 07: 112-184 Dispute, LRA 08a: 185-197B Dismissal, LRA 1995, Orders, Parties, Performance, Review tests, Risks, Sectors, Sidumo - see also awards s 145, 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,...

Unreliable police officer: Personal difficulties and fraud

by GilesFiles | Dec 11, 2018 | 2018, Central, Conduct - gross, Courts, John Murphy, Judges, Labour Appeal Court, Labour Relations, LAC judges, Review tests, Sectors, Topics | 0 |

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Double jeopardy concept: Avoid charges focus on fairness

by GilesFiles | Jan 25, 2018 | 2018, Causes and defences, Conduct - gross, Courts, Interpretation etc, Judges, Labour Appeal Court, Labour Relations, LAC judges, P Coppin, Sectors, State Owned Enterprises, Termination (LRL 8) | 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,...

Gross misconduct: Economic duress and consistency

by GilesFiles | Aug 1, 2017 | 2017, Appeals, Conduct - gross, Courts, Judges, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, LRA 198 Temporary employment services, LRA 1995, MV Phatshoane, Parties, Statutes (LRL 2)-work, Termination (LRL 8), Topics | 0 |

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Rescission of compromise: No fraud or justus error

by GilesFiles | Oct 3, 2016 | 2016, Causes and defences, Courts, Judges, Legal Practice, LRA 144 and 165 rescissions, Orders, Supreme Court of Appeal | 0 |

The SCA allowed the appeal and set aside the rescission order granted by Molopa-Sethosa J in the high court. A compromise agreement had been made an order of court but the only grounds for rescinding a compromise are fraud...

Employer flawed approach: Protection not punishment

by GilesFiles | Nov 11, 2015 | 2015, André van Niekerk, Appeals, Conduct & capacity, Courts, Judges, Labour Appeal Court, Labour Court judges, Labour Relations, LAC judges, Legal Practice, LRA 07: 112-184 Dispute, LRA 1995, P Coppin, Protect not punish, Risks, Statutes (LRL 2)-work, Substance, Termination (LRL 8), Topics, Trust & confidence | 2 |

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: fraud