shall Archives - GilesFiles

Shall means may: Contextual construction necessary

by GilesFiles | May 18, 2021 | 2020 onwards, A G Binns-Ward, Applications, Bill of Rights, Causes and defences, Common law, Contempt, Courts, Declaratory, General, High Court, High Court judges, Interpretation etc, Judges, Legal Practice, Legislation, Orders, Review tests, Statutory, 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,...

Imperative statutory language: Find the purpose

by GilesFiles | Jan 25, 2016 | Anton Steenkamp, Edwin Cameron, Interpretation etc, Labour Relations, RMM Zondo, Topics, Words & phrases | 0 |

Steenkamp v Edcon Ltd (CCT46/15, CCT47/15) [2016] ZACC 1 (22 January 2016) per Cameron J: [1] to [86] and Zondo J [87] to [195]. An important question that often arises is whether something done contrary to a statutory provision...

Premature termination notice: Invalid or possibly unfair?

by GilesFiles | Jan 22, 2016 | 2016, 64 Strikes/lockouts, 64-77 Strikes, Appeals, Appeals - leave, Bill of Rights, Causes and defences, ConCourt judges, Constitutional Court, Contractual breach, Courts, Disallowed, Exceptions/special pleas, Finance, Interpretation etc, Judges, Jurisdiction & powers, Labour Relations, Legal Practice, Legality principle, LRA 01: 1-3 Purpose, LRA 07: 112-184 Dispute, LRA 1995, Operational reasons, Orders, Parties, Private enterprises, Review tests, RMM Zondo, Roman Dutch law, Sectors, 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,...

Premature termination notice: Minority judgment

by GilesFiles | Jan 22, 2016 | 2016, 64 Strikes/lockouts, 64-77 Strikes, Appeals, Appeals - leave, Bill of Rights, Causes and defences, ConCourt judges, Constitutional Court, Contractual breach, Courts, Disallowed, Edwin Cameron, Exceptions/special pleas, Finance, Interpretation etc, Judges, Jurisdiction & powers, Labour Relations, Legal Practice, Legality principle, LRA 01: 1-3 Purpose, LRA 04: 64-69 Power plays (LRL 6), LRA 07: 112-184 Dispute, Operational reasons, Orders, Parties, Private enterprises, Retired judges, Review tests, Roman Dutch law, Sectors, Special pleas, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics | 0 |

Steenkamp v Edcon Ltd Premature termination notice considered and majority in ConCourt pointed out that when a dismissal is held to be unfair reinstatement is possible but not when it is invalid and this means that employers...

Legally prohibited activity: Ruling set aside

by GilesFiles | May 26, 2010 | 2014 and earlier, 2015 and earlier, AB1 - Fairness principle or concept, Allowed, Appeals, Appeals - leave, Bill of Rights, Causes and defences, Compensation or damages, Conduct & capacity, Courts, Declaratory, Deemed, Dennis Davis, Dignity equality freedom, Discrimination (LRL 11), Evidence & onus, False assumptions, ILO Conventions, ILO reports, Insights, Interpretation etc, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, Landmark judgments, Lawfulness & fairness, Legal Practice, Legality principle, Legislation, LRA 08a: 185-197B Dismissal, LRA 193, LRA 1995, Management, Objective - correctness, Operation of law, Orders, Parties, Personal services, Private enterprises, Protectable interests, Public policy, Resolving disputes (LRL 3), Review tests, Roman Dutch law, Sectors, 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,...

Tag: shall

Shall means may: Contextual construction necessary

Imperative statutory language: Find the purpose

Premature termination notice: Invalid or possibly unfair?

Premature termination notice: Minority judgment

Legally prohibited activity: Ruling set aside