lockdown Archives - GilesFiles

Alternatives to operational dismissals: Proportionality analysis

by GilesFiles | Dec 10, 2024 | 2020 onwards, AB1 - Fairness principle or concept, Anton Myburgh, Applications, Causes and defences, Contractual breach, Courts, Covid-19 issues, Declaratory, Evidence & onus, False assumptions, Granted, Insights, Interpretation etc, Judges, Jurisdiction & powers, Just and equitable relief, Labour Court, Labour Court judges, Labour Relations, Lawfulness & fairness, Legal Practice, Legislation, LRA 08a: 189 and 189A see Termination, LRA 1995, Management, Managerial prerogative, Manufacturing, Operational reasons, Orders, Parties, Private enterprises, Protect not punish, Resolving disputes (LRL 3), Rules Codes & Manual, Sectors, Selected judges, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics, Trade | 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,...

Pay during lockdown: Specific performance claim

by GilesFiles | Jan 24, 2022 | 2020 onwards, 64-77 Strikes, Applications, BCEA 77(3) & 77A(e), Causes and defences, Conduct & capacity, Contractual breach, Costs, Courts, Declaratory, Exceptions/special pleas, Finance, H Rabkin-Naicker, Impossibility or illegality, Interpretation etc, Judges, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, LRA 07: 112-184 Dispute, LRA 1995, Orders, Parties, Private enterprises, Risks, Sectors, Specific performance, 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,...

Bringing constitutional challenge: Specificity and clarity

by GilesFiles | Jul 1, 2021 | 2020 onwards, 2020 onwards, Allowed, Appeals, Appeals - leave, Bill of Rights, Central, Costs, Courts, Dignity equality freedom, Exceptions/special pleas, Government, HC Uniform, Interpretation etc, Judges, Jurisdiction & powers, Landmark judgments, Legal Practice, Legislation, MML Maya, Orders, SCA judges, Sectors, Special pleas, Supreme Court of Appeal, Topics, Urgency | 0 |

Minister of Cooperative Governance & Traditional Affairs v De Beer Bringing constitutional challenge considered by SCA and in allowing the appeal it was stated in para [116] ‘The constitutional challenge made to the...

Business interruption insurance: Losses indemnified

by GilesFiles | Nov 20, 2020 | 2020 onwards, Applications, Causes and defences, Contractual breach, Courts, Declaratory, Evidence & onus, Finance, High Court, High Court judges, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, Orders, Parties, Private enterprises, Sectors, Topics, Urgency | 0 |

Grassy Knoll Trading 78 CC v Guardrisk Insurance Co Ltd High Court decided that the interpretation of the insurance policy adopted in Ma-Afrika Hotels is consistent with the decision in Café Chameleon and the findings in FCA in...

Temporary relief scheme: Amended Covid-19 Directive

by GilesFiles | May 25, 2020 | AA - Resources generally, Covid-19 issues, Insights | 0 |

Covid-19 temporary employee / employer Relief Scheme (C19 TERS) Combined and updated version of the Directive issued by the Minister of Employment and Labour (Minister) on 25 March 2020 and amended on 6, 16 , 20 and 30 April...

Accountability responsiveness openness: Values and duties

by GilesFiles | May 15, 2020 | 2020 onwards, Applications, Bill of Rights, Central, Courts, Declaratory, Dignity equality freedom, Granted, High Court, High Court judges, Interdicts & rules, Judges, Jurisdiction & powers, Legal Practice, Legislation, Orders, Parties, Sectors, Topics, Urgency | 0 |

Khosa v Minister of Defence and Military Veterans To ensure accountability and responsiveness and openness during state of disaster declared under the Disaster Management Act, 2002 and dealing with the conduct of security forces...

Costly withdrawn application: PPE for health workers

by GilesFiles | Apr 11, 2020 | 2020 onwards, Applications, BM Whitcher, Central, Costs, Costs punitive, Courts, Covid-19 issues, Declaratory, Interdicts & rules, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, LRA 07: 112-184 Dispute, LRA 1995, Orders, Parties, Refused, Sectors, Statutes (LRL 2)-work, Topics, Trade unions, 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,...

Covid-19 lawyers chastised: Deprived of fees

by GilesFiles | Apr 3, 2020 | 2020 onwards, Causes and defences, Costs, Courts, Covid-19 issues, Declaratory, High Court, High Court judges, Insights, Interpretation etc, Irregular proceeding, Judges, Jurisdiction & powers, Legal Practice, Legislation, Management, Orders, Parties, philosophy / economics, Policies - all, Regulations, Sectors, Statutory, Topics | 0 |

Administrator of Dr J S Moroka Municipality v Kubheka COVID-19 Lawyers chastised for failing to produce the necessary permits ito the regulations and directives which caused the acting judge to deny them their fees and charges...

Tag: lockdown