golden rule of interpretation Archives

Occupation specific dispensation: Collective agreement application

by GilesFiles | Jun 5, 2025 | 2020 onwards, Causes and defences, Central, Collective Bargaining (LRL 5), Contractual breach, Courts, Declaratory, Insights, Interpretation etc, Job evaluation and grading, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legality principle, Legislation, LRA 03: 11-63 Bargain, LRA 1995, Management, Objective - correctness, Orders, Parties, Pay differentials, Promotion or demotion, Resolving disputes (LRL 3), Review tests, RGO Lagrange, 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,...

Promotion labour practice: Uninterrupted service?

by GilesFiles | Sep 3, 2024 | 2020 onwards, Causes and defences, Central, Courts, Declaratory, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, LRA 08b: 185-186(2) Practices, LRA 1995, Objective - correctness, Orders, Parties, Promotion or demotion, 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,...

Qualifying proviso considered: Enactment not enlarged

by GilesFiles | Sep 5, 2019 | 2019, 2019, Causes and defences, Courts, Exceptions/special pleas, Judges, Landmark judgments, Legal Practice, MJD Wallis, Provisos, SCA judges, Supreme Court of Appeal, Topics | 0 |

Innovent Rental & Asset Management Solutions (Pty) Ltd v Transnet SOC Ltd Qualifying proviso considered and SCA confirmed that a proviso must not be treated as an independent enacting clause.’The fallacy in counsel’s...

Retrospective reinstatement reversed: Not automatic

by GilesFiles | May 31, 2019 | 2019, Causes and defences, Central, Conduct & capacity, Courts, Judges, Lawfulness & fairness, Operation of law, Reinstatement, SA Majiedt, SCA judges, Sectors, Statutes (LRL 2)-work, Supreme Court of Appeal, 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,...

Statutory interpretation considered: Procurement contracts

by GilesFiles | Apr 2, 2019 | 2019, 2019, Causes and defences, ConCourt judges, Constitutional Court, Courts, Judges, Landmark judgments, Legal Practice, Legislation, philosophy / economics, 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,...

Contractual interpretation endorsed: Wallis JA in Edumeni

by GilesFiles | Sep 27, 2018 | 2018, Allowed, Appeals - leave, Causes and defences, ConCourt judges, Constitutional Court, Contractual breach, Courts, Declaratory, General, Interpretation etc, JC Froneman, Judges, Jurisdiction & powers, Legal Practice, MJD Wallis, Orders, Parties, SCA judges, Sectors, Settlement agreements, State Owned Enterprises, Topics | 0 |

Airports Company SA v Big Five Duty Free (Pty) Ltd Contractual and statutory interpretation endorsed by Constitutional Court after various approaches applied in the past and it seems that ‘text and context’ are all...

Cost to company: Calculation of commission

by GilesFiles | Sep 11, 2018 | 2018, Anton Steenkamp, BCEA 1997 (LRL 10), BCEA 77(3) & 77A(e), Courts, General, Judges, Labour Court, Labour Court judges, Labour Relations, Statutes (LRL 2)-work, Topics | 0 |

Emetonjor v Kintetsu World Express SA (Pty) Ltd Unusual contractual claim in the labour court for payment of a performance bonus based on commission calculated on the cost to company but the period was in dispute and Steenkamp...

Approach to interpretation: Golden rule

by GilesFiles | May 27, 2016 | Courts, Dennis Davis, Evidence & onus, Interpretation etc, LAC judges, Legal Practice, Topics | 0 |

Denosa obo du Toit v Western Cape Department of Health (CA17/2014) [2016] ZALAC 15 ; (2016) ILJ 1819 ; [2016] JOL 36183 (12 May 2016) per Davis JA [Musi and Sutherland JJA concurring] Davis JA was uncertain as to whether or how...

Fair dismissal rules: Follow Golden Rules

by GilesFiles | Jul 16, 2015 | 2015, Conduct - gross, Courts, Edwin Tlhotlhalemaje, Judges, Labour Court, Labour Court judges, Labour Relations, Termination (LRL 8), Topics | 0 |

First National Bank (A Division of FirstRand Bank Ltd) v Nduzulwana NO (JR1597/09) [2015] ZALCJHB 206 (16 July 2015) per Tlhotlhalemaje, AJ. On review the Labour Court set aside an award and upheld the reason for dismissal...

Employment contract interpreted: Training agreement as well

by GilesFiles | Mar 19, 2015 | 2015, Causes and defences, Contractual breach, Courts, Judges, Practices (LRL 9), SCA judges, Supreme Court of Appeal, Topics | 0 |

National Health Laboratory Service v Mariana Lloyd-Jansen van Vuuren (20044/2014) [2015] ZASCA 20 ; [2015] JOL 32992 ; (2015) 5 SA 426 (SCA) (19 March 2015) per Mhlantla JA. To become a specialist pathologist a medical...

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