Non-disclosure Archives

Interdicting benefits payment: Claim against employee

by GilesFiles | Dec 3, 2025 | 2020 onwards, Applications, Causes and defences, Costs, Costs awarded, Courts, Damages, Declaratory, Dennis Davis, Finance, General, Granted, High Court, High Court judges, Interdicts & rules, Interim relief, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, Legislation, Orders, Parties, Pension & retirement funds, Personal services, Private enterprises, Sectors, Statutory, Topics, Urgency | 0 |

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Failing to disclose information: Allowed employer’s appeal

by GilesFiles | Jun 26, 2025 | 2020 onwards, Allowed, Appeals, Appeals - leave, Causes and defences, Contractual breach, Courts, Declaratory, Government, Interpretation etc, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, LAC Rules-new, Legal Practice, Legality principle, Legislation, LRA 08b: 185-186(2) Practices, LRA 1995, Objective - correctness, Orders, Parties, Promotion or demotion, Provincial, Regulations, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, State organs, Statutes (LRL 2)-work, Statutory, Topics | 0 |

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Operational requirements termination: Nature of possible claims

by GilesFiles | May 19, 2025 | 2020 onwards, Applications, Balancing interests, BCEA 1997 (LRL 10), BCEA 77(3) & 77A(e), Bumping, Causes and defences, Compensation or damages, Connie Prinsloo, Construction industry, Costs, Courts, Damages, Declaratory, Fair procedure, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, LRA 08a: 189 and 189A see Termination, LRA 1995, Minute: pre-trial or arb, Operational reasons, Orders, Parties, Private enterprises, Resolving disputes (LRL 3), Restructuring, Sectors, Severance pay, Statutes (LRL 2)-work, Statutory, 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,...

Material non-disclosure: Medical condition not proved

by GilesFiles | Oct 9, 2024 | 2020 onwards, Allowed, Appeals, Appeals - leave, Associations/corporates, Bill of Rights, Causes and defences, ConCourt judges, Constitutional Court, Contractual breach, Costs, Courts, Declaratory, Evidence & onus, Fair procedure, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, Legislation, Orders, Parties, Personal services, Pleadings: amending, SA Majiedt, Sectors, Topics, Words & phrases | 0 |

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Disputed settlement agreement: Genuine factual dispute?

by GilesFiles | Apr 26, 2024 | 2020 onwards, Appeals, Appeals - leave, Applications, Awards -s145 see also Sidumo, BCEA 1997 (LRL 10), BCEA 77(3) & 77A(e), Causes and defences, Contractual breach, Costs, Courts, Declaratory, Disallowed, Disputes: factual, Evidence & onus, Fair procedure, Finance, Interpretation etc, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, Lawfulness & fairness, Legal Practice, Orders, Parties, Review tests, Rules Codes & Manual, Sectors, Settlement agreements, Sidumo - see also awards s 145, State Owned Enterprises, Statutes (LRL 2)-work, 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,...

Reinstating protected strikers: Immunity not forfeited

by GilesFiles | Oct 17, 2023 | 2020 onwards, 64 Strikes/lockouts, 64-77 Strikes, 65 limitations, 67 protected strike, AUD, Bill of Rights, BM Whitcher, Causes and defences, Collective Bargaining (LRL 5), Conduct & capacity, Contempt, Contractual breach, Costs, Courts, Declaratory, Derivative action, Evidence & onus, Harass & bully, Interpretation etc, intimidation, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, LRA 04: 64-69 Power plays (LRL 6), LRA 07: 112-184 Dispute, LRA 193, LRA 1995, Manufacturing, Orders, Parties, Private enterprises, Rules Codes & Manual, Sectors, Selected judges, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics | 0 |

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Service level agreement: Taking over other employees

by GilesFiles | May 9, 2022 | 2020 onwards, André van Niekerk, Applications, Causes and defences, Costs, Costs awarded, Courts, Declaratory, Deemed, Interpretation etc, Judges, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Logistics, LRA 07: 112-184 Dispute, LRA 197 - transfers, LRA 1995, Operation of law, Orders, Parties, Private enterprises, Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics | 0 |

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Honesty standard abused: False housing subsidy claim

by GilesFiles | Jun 14, 2021 | 2020 onwards, Appeals, Appeals - leave, Awards -s145 see also Sidumo, Causes and defences, Conduct - gross, Conduct & capacity, Contractual breach, Costs, Costs not awarded, Courts, Dennis Davis, Disallowed, Evidence & onus, Judges, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, LRA 07: 112-184 Dispute, LRA 08a: 185-197B Dismissal, LRA 1995, Mining, Orders, Parties, Private enterprises, Review tests, Risks, Sectors, Statutes (LRL 2)-work, Termination (LRL 8), Topics, Trust & confidence, Zero tolerance | 0 |

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Gross misconduct found: Covid-19 related reality

by GilesFiles | Mar 28, 2021 | 2020 onwards, Awards -s145 see also Sidumo, Causes and defences, Conduct - gross, Conduct & capacity, Contractual breach, Courts, Edwin Tlhotlhalemaje, Judges, Labour Court, Labour Court judges, Labour Relations, Legal Practice, LRA 07: 112-184 Dispute, LRA 08a: 185-197B Dismissal, LRA 1995, Parties, Private enterprises, Review tests, Risks, Sectors, Sidumo - see also awards s 145, Statutes (LRL 2)-work, Termination (LRL 8), Topics, Trade | 0 |

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Funds wrongfully misappropriated: Third parties?

by GilesFiles | Mar 18, 2021 | 2020 onwards, Appeals, Appeals - leave, Banks, Causes and defences, Consumer protection, Courts, Declaratory, Delict, Disallowed, Exceptions/special pleas, Finance, General, Interpretation etc, Judges, Legal Practice, Orders, Parties, Roland Sutherland, Roman Dutch law, SCA judges, Sectors, Special pleas, Supreme Court of Appeal, Topics | 0 |

FirstRand Bank Ltd v Spar Group Ltd SCA considered case where funds were wrongfully misappropriated and decided that although disbursements from the bank accounts by a customer were not a breach of fiduciary duty they were...

Dismissal powers considered: Who is the employer?

by GilesFiles | Jun 25, 2020 | 2020 onwards, Appeals, Appeals - leave, Applications, Central, Conduct & capacity, Courts, Disallowed, Exceptions/special pleas, Joinder, Judges, Labour Appeal Court, Labour Relations, LAC judges, Lawfulness & fairness, Legal Practice, LRA 07: 112-184 Dispute, LRA 08a: 185-197B Dismissal, LRA 1995, Orders, Parties, Review tests, Roland Sutherland, Sectors, Special pleas, State organs, Statutes (LRL 2)-work, 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,...

Reciprocal contractual obligations: Duty to disclose transfer?

by GilesFiles | May 6, 2020 | 2020 onwards, Applications, Bill of Rights, Causes and defences, Courts, Declaratory, High Court, High Court judges, Judges, Jurisdiction & powers, Legal Practice, Legality principle, Legislation, LRA 197 - transfers, Orders, Parties, Retirement, Review tests, Sectors, Special pleas, Topics | 0 |

Maoke v Telkom (Soc) Ltd (CPIC) Reciprocal contractual obligations of trust and confidence arise impliedly and have been accepted by the SCA as part of our law and in this matter the claim should have alleged that Telkom...

Tag: Non-disclosure