SLA Archives - GilesFiles

Transferring going concern: Legality principle?

by GilesFiles | Mar 10, 2026 | 2020 onwards, Balancing interests, Causes and defences, Costs, Costs not awarded, Courts, Declaratory, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legality principle, Legislation, LRA 197 - transfers, LRA 1995, Metro, MZN Lallie, Operation of law, Orders, Parties, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, 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,...

Counterclaiming substantial damages: Lawfulness and fairness

by GilesFiles | Sep 13, 2024 | 2020 onwards, Applications, Awards -s145 see also Sidumo, BCEA 1997 (LRL 10), BCEA 77(3) & 77A(e), Causes and defences, Central, Conduct & capacity, Connie Prinsloo, Contractual breach, Costs, Courts, Declaratory, Delict, Evidence & onus, Fair procedure, Fixed-term, Government, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Lawfulness & fairness, Legal Practice, Legislation, LRA 1995, Minute: pre-trial or arb, Objective - correctness, Orders, Parties, Policies - all, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, Selected judges, State Owned Enterprises, 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,...

Awards late delivery: Right to respond

by GilesFiles | Nov 2, 2022 | Applications, BCEA 1997 (LRL 10), Causes and defences, CCMA & BC, CCMA awards, CCMA members, Central, Conduct & capacity, Contractual breach, Courts, Declaratory, Evidence & onus, Fair procedure, Government, Insights, Interpretation etc, Judges, Jurisdiction & powers, Labour Relations, Legal Practice, Legislation, LRA 07: 112-184 Dispute, LRA 08a: 185-197B Dismissal, LRA 1995, LRA C: 133-150 CCMA, LRA Sch 8: GP Code, Management, Managerial prerogative, Orders, Parties, Policies - all, Rules Codes & Manual, 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,...

Upholding exception to claim: Insufficient factual allegations

by GilesFiles | Jan 25, 2022 | 2020 onwards, Applications, Causes and defences, Contractual breach, Costs, Courts, Declaratory, Disputes: factual, Evidence & onus, Exceptions/special pleas, HC Uniform, High Court, High Court judges, Interpretation etc, Judges, Legal Practice, Logistics, Orders, Parties, Pleadings: amending, Private enterprises, Rules Codes & Manual, Sectors, Special pleas, Topics | 0 |

Business Connection (Pty) Ltd v Buffalo City Metropolitan Municipality Upholding exception to claim and high court confirmed that if the exception relates to particulars of claim failing to disclose a cause of action, the test...

Perusing legal documents: Taxing fees of attorneys

by GilesFiles | Sep 17, 2021 | 2020 onwards, Applications, Causes and defences, Common law, Contractual breach, Courts, HC Uniform, High Court, High Court judges, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, Legislation, Orders, Parties, Personal services, Review tests, Roman Dutch law, Rules Codes & Manual, Sectors, Terms & conditions, Topics | 0 |

Strauss Daly v MEC: Health KwaZulu-Natal Taxation of bill for perusing legal documents and high court pointed out that irrespective of whether a ten-hour day is correct or not, it is irrefutable that the plaintiff contends that...

Providing services considered: TES or service provider?

by GilesFiles | Sep 16, 2020 | 2020 onwards, 2020 onwards, Allowed, Appeals, Appeals - leave, Courts, Declaratory, Interpretation etc, John Murphy, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, Landmark judgments, Legal Practice, LRA 07: 112-184 Dispute, LRA 08a: 185-197B Dismissal, LRA 09: 198-213 General, LRA 198 Temporary employment services, LRA 1995, Manufacturing, Objective - correctness, Orders, Parties, Review tests, Sectors, Statutes (LRL 2)-work, 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,...

Service provision change: Going concern business transfer?

by GilesFiles | Dec 13, 2019 | 2019, Applications, Courts, Declaratory, Exceptions/special pleas, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, LRA 07: 112-184 Dispute, LRA 197 - transfers, LRA 1995, Orders, Parties, Private enterprises, RGO Lagrange, Sectors, Special pleas, Statutes (LRL 2)-work, Termination (LRL 8), Topics, Transport & communication, 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,...

Service level agreement: Legal services reinstated

by GilesFiles | Jun 17, 2019 | 2019, AB1 - Fairness principle or concept, Causes and defences, Courts, High Court, High Court judges, Judges, Legal Practice, Legislation, Municipal managers, Parties, 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,...

Service level agreement: Strike interdicted pending award

by GilesFiles | Jul 5, 2017 | 2017, 64 Strikes/lockouts, 64-77 Strikes, 66 secondary strike, 68 strike unprotected, Courts, Interdicts & rules, Judges, Labour Court, Labour Court judges, Labour Relations, Legal Practice, LRA 04: 64-69 Power plays (LRL 6), LRA 09: 198-213 General, LRA 198 Temporary employment services, LRA 1995, Parties, RGO Lagrange, Statutes (LRL 2)-work, 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,...

Freelance service providers: Not employees

by GilesFiles | Mar 8, 2017 | 2017, Causes and defences, Courts, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, LRA 08a: 185-197B Dismissal, LRA 1995, Objective - correctness, Sean Snyman, Statutes (LRL 2)-work, Termination (LRL 8), Topics | 0 |

SA Broadcasting Corporation (Soc) Ltd v CCMA Freelance service providers (JR745/16) [2017] ZALCJHB 76 (8 March 2017) per S Snyman AJ: CCMA arbitration proceedings – Review of proceedings, decisions and awards of...

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