jurisdictional facts Archives

Abusing court processes: Special costs order

by GilesFiles | Dec 12, 2019 | 2019, Applications, Awards -s145 see also Sidumo, Costs, Costs punitive, Courts, Exceptions/special pleas, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, LRA 07: 112-184 Dispute, LRA 1995, Orders, Parties, Res judicata (issue estoppel), Review tests, Sean Snyman, Sectors, State Owned Enterprises, Statutes (LRL 2)-work, Topics, Universities and schools | 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,...

Jurisdictional procedural challenge: Not operationally justifiable

by GilesFiles | Apr 18, 2019 | 2019, Bumping, Courts, Judges, Labour Court, Labour Court judges, Labour Relations, LRA 08a: 185-197B Dismissal, LRA 1995, MPN Nkutha-Nkontwana, Operational reasons, Statutes (LRL 2)-work, 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,...

Malicious prosecution issues: Jurisdiction and prescription

by GilesFiles | Feb 8, 2018 | 2018, 2018, Causes and defences, Courts, Delict, Exceptions/special pleas, High Court, High Court judges, Interpretation etc, Judges, Landmark judgments, Legislation, 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,...

Expunging debt records: Inherent jurisdiction but no power

by GilesFiles | Jan 12, 2018 | 2018, A G Binns-Ward, Bill of Rights, Causes and defences, Consumer protection, High Court, Interpretation etc, Judges, Legality principle, Sectors, Topics | 0 |

 Essence Expunging debt records: Applications misconceived because consumers are limited to the relief provided for in terms of s 71 of the National Credit Act and if they do not qualify for relief under that provision the...

Alleged gender discrimination: CCMA must conciliate

by GilesFiles | Jul 21, 2016 | 2016, CCMA awards, Courts, Discrimination (LRL 11), EEA 1998, John Murphy, Jurisdiction & powers, Miscellaneous | 1 |

The LAC disallowed the appeal and upheld the order of Tlhotlhalemaje AJ, as he then was, in the LC. The bargaining council did not have the jurisdiction nor power to deal with the dispute concerning differentiation and whether...

Jurisdiction and powers: Discussed and explained

by GilesFiles | Apr 20, 2016 | 2016, Courts, Judges, Jurisdiction & powers, Labour Appeal Court, Organisations (LRL 4), P Coppin, Review tests, Statutes (LRL 2)-work, Words & phrases | 1 |

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,...

Review jurisdiction considered: Factual proof of dismissal

by GilesFiles | Aug 28, 2015 | 2015, Constructive: 186(1)(e), 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, Objective - correctness, Resignations, Review tests, Sean Snyman, Statutes (LRL 2)-work, Termination (LRL 8), Topics | 3 |

Mnguti v CCMA (QK Meats SA (Pty) Ltd t/a Dawn Farm) (JR 349/12) [2015] ZALCJHB 277 ; [2015] JOL 33770 ; (2015) ILJ 3111 (28 August 2015) per Snyman AJ. On review the Labour Court upheld the award after applying the ‘correct...

Consenting to jurisdiction: Does not confer power

by GilesFiles | Aug 24, 2015 | 2015, BCEA 1997 (LRL 10), BCEA 77(3) & 77A(e), Collective Bargaining (LRL 5), Labour Appeal Court, Legal Practice, P Coppin, Review tests, Statutes (LRL 2)-work | 2 |

MEC of the Western Cape Provincial Government Health Department v Coetzee (CA3/2011) [2015] ZALAC 35; [2015] 11 BLLR 1108; (2015) ILJ 3010 (LAC) (24 August 2015) per Coppin JA [Tlaletsi DJP and Ndlovu JA concurring] The Labour...

Dismissal: Necessary jurisdictional fact

by GilesFiles | Jul 10, 2015 | 2015, Courts, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Termination (LRL 8) | 0 |

Life Healthcare Group t/a Eugene Marais Hospital v Hlatshwako NO (JR 2991/12, J 209/13) [2015] ZALCJHB 202; [2015] 10 BLLR 1027; (2015) 36 ILJ 2886 (LC) (10 July 2015) per Hulley AJ In reviewing an award the Labour Court was...

Employee proving dismissal: Jurisdictional fact

by GilesFiles | Oct 7, 2014 | 2014 and earlier, Courts, Evidence & onus, F Kathree-Setiloane, John Murphy, Judges, Jurisdiction & powers, Labour Appeal Court, LAC judges, Legal Practice, LRA 144 and 165 rescissions, Objective - correctness, Orders, Review tests, Termination (LRL 8) | 0 |

Kukard v GKD Delkor (Pty) Ltd (JA52/2013) [2014] ZALAC 52; [2015] 1 BLLR 63; (2015) 36 ILJ 640 (LAC) (7 October 2014) per Kathree-Setiloane AJA [Musi JA and Murphy AJA concurring] LAC summary: Appeal allowed and Labour Court’s...

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: jurisdictional facts