Non-variation clause Archives

Breaching employment contracts: Changes imposed unilaterally

by GilesFiles | Apr 17, 2024 | 2020 onwards, 64 Strikes/lockouts, 64-77 Strikes, Applications, BCEA 1997 (LRL 10), BCEA 77(3) & 77A(e), Causes and defences, Contractual breach, Costs, Courts, Declaratory, Inherent requirements, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, Logistics, LRA 08a: 189 and 189A see Termination, LRA 193, LRA 194, LRA 1995, MR Makhura, Notice requirements, Operational reasons, Orders, Parties, Private enterprises, Restructuring, Rules Codes & Manual, Sectors, Severance pay, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics, Transport & communication | 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,...

Varying contractual terms: Shifren principle applied

by GilesFiles | Feb 22, 2024 | 2020 onwards, 64 Strikes/lockouts, 64-77 Strikes, BCEA 77(3) & 77A(e), Causes and defences, Contractual breach, Costs not awarded, Courts, Covid-19 issues, Declaratory, Hearsay, Impossibility or illegality, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, LRA 09: 198-213 General, LRA 1995, MPN Nkutha-Nkontwana, Orders, Parties, Private enterprises, Resolving disputes (LRL 3), Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, Topics, Transport & communication | 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,...

Sale not transfer agreement: LRA s197 jurisdiction lacking

by GilesFiles | May 9, 2022 | 2020 onwards, Applications, BCEA 1997 (LRL 10), BCEA 77(3) & 77A(e), Causes and defences, Costs, Costs not awarded, Courts, Declaratory, Exceptions/special pleas, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legality principle, LRA 07: 112-184 Dispute, LRA 197 - transfers, LRA 1995, Orders, Parties, Personal services, Private enterprises, Review tests, RGO Lagrange, Rules Codes & Manual, Sectors, Settlement agreements, Special pleas, 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,...

Fictional fulfilment doctrine: Frustration of contract

by GilesFiles | Sep 16, 2019 | 2019, A G Binns-Ward, Causes and defences, Courts, Evidence & onus, High Court, High Court judges, Judges, Legal Practice, 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,...

Understanding conditions: Insufficient to regurgitate principles

by GilesFiles | Mar 23, 2018 | 2018, Causes and defences, Courts, Interpretation etc, Judges, SA Majiedt, Supreme Court of Appeal | 0 |

 Essence Understanding conditions: The commercially sensible and reasonable interpretation of the words ‘on condition’ having regard to the purpose of the clause and the facts and circumstances is an ‘understanding’ or ‘a basis...

Non-variation clauses: Issue of public policy

by GilesFiles | Jun 9, 2016 | 2016, Associations/corporates, BC and HOAs, Bill of Rights, Causes and defences, Community schemes, Courts, High Court, High Court judges, Interpretation etc, Judges, Legal Practice, Parties, Public policy, Sectors, 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,...

Tag: Non-variation clause

Breaching employment contracts: Changes imposed unilaterally

Varying contractual terms: Shifren principle applied

Sale not transfer agreement: LRA s197 jurisdiction lacking

Fictional fulfilment doctrine: Frustration of contract

Understanding conditions: Insufficient to regurgitate principles

Non-variation clauses: Issue of public policy