ostensible authority Archives

Converting employment contracts: Unlawful rescission

by GilesFiles | Feb 29, 2024 | 2020 onwards, Applications, Contractual breach, Costs, Courts, Declaratory, Evidence & onus, Fixed-term, Government, Hearsay, High Court, High Court judges, Interpretation etc, Judges, Jurisdiction & powers, Labour Relations, Lawfulness & fairness, Legal Practice, Legality principle, Legislation, LRA 144 and 165 rescissions, LRA 1995, Metro, Municipal managers, Orders, Parties, Res judicata (issue estoppel), Restructuring, Review tests, Rules Codes & Manual, Sectors, Specific performance, State organs, 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,...

Ostensible authority explained: Conduct of principal

by GilesFiles | Aug 17, 2023 | 2020 onwards, Costs, Courts, Judges, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, LRA 07: 112-184 Dispute, LRA 1995, Orders, Parties, Private enterprises, Review tests, Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, 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,...

Salary level reduced: Lawful employer action

by GilesFiles | Jun 27, 2023 | 2020 onwards, AF - Internal equity external parity, Central, Contractual breach, Costs, Courts, Government, Insights, Job evaluation and grading, Judges, Labour Court, Labour Court judges, Labour Relations, Legal Practice, LRA 07: 112-184 Dispute, LRA 1995, Management, Orders, Parties, Pay differentials, Pay progression, Res judicata (issue estoppel), Review tests, RGO Lagrange, Rules Codes & Manual, Sectors, Selected judges, State organs, 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,...

Private arbitration award: Service level agreement

by GilesFiles | Sep 22, 2022 | 2020 onwards, Causes and defences, Contractual breach, Costs, Costs awarded, Courts, Declaratory, High Court, High Court judges, Judges, Legal Practice, Legislation, Orders, Parties, Personal services, Private arbitration, Private enterprises, Review tests, Sectors, Statutory, Topics, Trade unions | 0 |

Samwu v Imbeu Development and Project Management (Pty) Ltd When does a private arbitration award stray outside the ambit of what the arbitration agreement authorised in the arbitration? “61. In summary, in my view, the...

Interdicting political party: Rule nisi confirmed

by GilesFiles | Jun 18, 2021 | 2020 onwards, Applications, Causes and defences, Confirmed, Contractual breach, Costs, Courts, Declaratory, Delict, Evidence & onus, Granted, Interdicts & rules, Judges, Labour Court, Labour Court judges, Labour Relations, Legal Practice, LRA 07: 112-184 Dispute, LRA 1995, Orders, Parties, Private enterprises, Rule nisi, Sectors, Statutes (LRL 2)-work, Topics, 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,...

Arbitration award binding: Right to be wrong

by GilesFiles | Dec 2, 2020 | 2020 onwards, Agriculture, Applications, Causes and defences, Courts, Declaratory, Disputes: factual, Evidence & onus, Exceptions/special pleas, General, High Court, High Court judges, Judges, Legal Practice, Legislation, OL Rogers, Orders, Parties, Private arbitration, Private enterprises, Res judicata (issue estoppel), Review tests, 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,...

Agency by estoppel: Ostensible authority and prescription

by GilesFiles | Apr 26, 2016 | 2016, Bill of Rights, Causes and defences, ConCourt judges, Constitutional Court, Courts, Exceptions/special pleas, Judges, Legal Practice, MJD Wallis, Res judicata (issue estoppel), Topics | 0 |

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Estoppel principles considered: Application in practice

by GilesFiles | Apr 26, 2016 | 2016, 2016, Allowed, Appeals, Appeals - leave, Causes and defences, ConCourt judges, Constitutional Court, Courts, Evidence & onus, Exceptions/special pleas, General, Judges, Landmark judgments, Legal Practice, Logistics, MJD Wallis, Orders, Parties, Private enterprises, Res judicata (issue estoppel), Roman Dutch law, Sectors, Special pleas, Topics, Transport & communication | 0 |

Makate v Vodacom (Pty) Ltd Estoppel principles considered in context of ostensible authority of agents and 4 judges who penned the concurring minority judgment disagreed on the juristic nature of ostensible authority where there...

Ostensible authority: Legality principle and municipal manager

by GilesFiles | May 14, 2015 | 2015, Courts, Judges, Labour Court, Labour Court judges, Labour Relations, Legality principle, Municipal, Municipal managers, Parties, Sectors | 2 |

Imbabazane Municipality v Imatu obo Gumbi (D04/14) [2015] ZALCD 25 ; [2015] 8 BLLR 825 ; (2015) ILJ 2297 (14 May 2015) per Pather AJ. The Labour Court refused to review and set aside an award reinstating the employees. The main...

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