Dignity Archives - GilesFiles

Anticipated or future intolerability: Constructive dismissal?

by GilesFiles | Feb 24, 2026 | 2020 onwards, Appeals, Appeals - leave, Bill of Rights, Causes and defences, ConCourt judges, Constitutional Court, Constructive: 186(1)(e), Costs, Costs not awarded, Courts, Declaratory, Disallowed, Discrimination (LRL 11), Interpretation etc, Intolerable, Judges, Jurisdiction & powers, Labour Relations, Legal Practice, Legality principle, Legislation, LRA 08a: 185-197B Dismissal, LRA 197 - transfers, LRA 1995, M Madlanga, Orders, Parties, Personal services, Private enterprises, Resignations, Resolving disputes (LRL 3), Review tests, Sectors, Statutes (LRL 2)-work, Statutory, Topics | 0 |

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Anticipated or future intolerability: Dissenting judgment

by GilesFiles | Feb 24, 2026 | 2020 onwards, Appeals, Appeals - leave, Bill of Rights, Causes and defences, ConCourt judges, Constitutional Court, Constructive: 186(1)(e), Costs, Costs not awarded, Courts, Declaratory, Disallowed, Discrimination (LRL 11), Interpretation etc, Intolerable, Judges, Jurisdiction & powers, Labour Relations, Legal Practice, Legality principle, Legislation, LRA 08a: 185-197B Dismissal, LRA 197 - transfers, LRA 1995, M Madlanga, Orders, Parties, Personal services, Private enterprises, Resignations, Resolving disputes (LRL 3), Review tests, Sectors, 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,...

Confirming suspended sentence: Stringent conditions?

by GilesFiles | Feb 17, 2026 | 2020 onwards, Applications, Causes and defences, Contempt, Contractual breach, Costs, Costs awarded, Courts, Declaratory, Granted, High Court, High Court judges, Interdicts & rules, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, Legislation, Orders, Parties, Rules Codes & Manual, Sectors, State Owned Enterprises, Statutory, Topics, Transport & communication | 0 |

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Terminating employment on notice: Constitutional question?

by GilesFiles | Oct 17, 2025 | AB - Law generally, AB1 - Fairness principle or concept, AU - ChatGPT, Insights | 0 |

Terminating employment on notice South African labour laws allow employment contracts to be terminated on notice but only employers have to provide a valid and fair reason related to conduct or capacity or based on operational...

Employee leave provisions: Maternity parental & adoptive

by GilesFiles | Oct 3, 2025 | 2020 onwards, Allowed, Appeals, Appeals - leave, BCEA 1997 (LRL 10), Bill of Rights, Causes and defences, Central, ConCourt judges, Constitutional Court, Costs, Courts, Declaratory, Differentiation not discrimination, Dignity equality freedom, Direct and indirect discrimination, Discrimination (LRL 11), Government, Granted, Interpretation etc, Judges, Jurisdiction & powers, Labour Relations, Legal Practice, Legality principle, Legislation, Orders, Parties, Resolving disputes (LRL 3), Sectors, State organs, Statutes (LRL 2)-work, Statutory, Topics, ZLL Tshiqi | 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,...

Reasonably necessary improvement: Landowner’s consent required?

by GilesFiles | Sep 9, 2025 | 2020 onwards, Agriculture, Appeals, Appeals - leave, Bill of Rights, Causes and defences, Costs, Courts, Declaratory, Disallowed, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, Legislation, Orders, Parties, Private enterprises, SCA judges, Sectors, Statutory, Supreme Court of Appeal, Topics | 0 |

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Increasing dual citizenship: Rights not forfeited

by GilesFiles | May 6, 2025 | 2020 onwards, 2020 onwards, Allowed, Appeals, Appeals - leave, Bill of Rights, Causes and defences, Central, ConCourt judges, Constitutional Court, Costs, Courts, Declaratory, Dignity equality freedom, Government, Interpretation etc, Judges, Jurisdiction & powers, Landmark judgments, Legal Practice, Legislation, Orders, Parties, SA Majiedt, Sectors, Selected judges, State organs, Statutory, Topics | 0 |

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Positive cannabis test: Discrimination and privacy

by GilesFiles | Apr 23, 2024 | 2020 onwards, 2020 onwards, Allowed, Appeals, Appeals - leave, Awards -s145 see also Sidumo, Bill of Rights, Causes and defences, Compensation or damages, Conduct & capacity, Contractual breach, Courts, Declaratory, Dignity equality freedom, Discrimination (LRL 11), EEA 1998, EEA Chpt II ss 5-11, Employ Equity (LRL 12), Evidence & onus, Inherent requirements, Interpretation etc, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, Landmark judgments, Legal Practice, Legislation, Logistics, LRA 08a: 185-197B Dismissal, LRA 1995, Operational reasons, Orders, Parties, Personal Information, Pleadings: amending, Private enterprises, Protect not punish, Review tests, Rules Codes & Manual, Sectors, Sidumo - see also awards s 145, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics, Zero tolerance | 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,...

Defamatory statements confirmed: Body Corporate liable

by GilesFiles | Nov 28, 2023 | 2020 onwards, Appeals, Appeals - leave, BC and HOAs, Bill of Rights, Causes and defences, Community schemes, Costs, Courts, Delict, Disallowed, Evidence & onus, High Court, High Court judges, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, Orders, Parties, Roman Dutch law, Sectors, Topics | 0 |

Body Corporate of Sunnyside Gardens v EP When is body corporate liable for defamatory statements made by trustee concerning any member and how are damages assessed? “46. The Magistrate’s evaluation of the evidence in light...

Unreasonable restraint altered: Lesser restrictions imposed

by GilesFiles | Aug 17, 2023 | 2020 onwards, Allowed, Appeals, Appeals - leave, Balancing interests, Bill of Rights, Causes and defences, Contractual breach, Costs, Courts, Declaratory, Dignity equality freedom, Insights, Interpretation etc, Judges, Labour Appeal Court, LAC judges, Legal Practice, Objective - correctness, Orders, Parties, Personal services, Private enterprises, Protectable interests, Public policy, Review tests, Sectors, Topics, Trade restraints | 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,...

Disclosing medical information: Privacy rights considered

by GilesFiles | Jun 27, 2023 | 2020 onwards, Appeals, Bill of Rights, Causes and defences, Contractual breach, Costs, Courts, Declaratory, Dignity equality freedom, Evidence & onus, Government, High Court, High Court judges, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, Legislation, Orders, Parties, Provincial, Rules Codes & Manual, Sectors, State organs, Statutory, Topics | 0 |

MEC: Health Gauteng Province v RS Is confidentiality lost in respect of patient medical information if it is contained in public records? “57. This brings to the fore the question whether confidentiality is lost in...

Sovereign state powers: Immunity confirmed

by GilesFiles | May 23, 2023 | 2020 onwards, André van Niekerk, Applications, BCEA 77(3) & 77A(e), Causes and defences, Conduct & capacity, Costs, Courts, Declaratory, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Lawfulness & fairness, LC Rules-new, LC Rules-old, Legal Practice, Legality principle, Legislation, LRA 07: 112-184 Dispute, LRA 1995, LRA D: 151-166 LC, Orders, Parties, Personal services, Private enterprises, Review tests, Rules Codes & Manual, Sectors, Selected judges, Special pleas, Statutes (LRL 2)-work, Statutory, staying proceedings, Termination (LRL 8), Topics | 0 |

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Tag: Dignity