Turquand Rule Archives

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...

Inherent powers: Labour court processes and common law

by GilesFiles | Jun 28, 2017 | 2017, Collective Bargaining (LRL 5), Courts, Judges, Labour Appeal Court, LAC judges, Legal Practice, Municipal, Organisations (LRL 4), P Coppin, Public policy | 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,...

Factual disputes: Imprudent motion proceedings

by GilesFiles | Jun 24, 2015 | 2015, Applications, Courts, Declaratory, Dennis Davis, Disputes: factual, erroneously sought, Evidence & onus, Judges, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, LRA 07: 112-184 Dispute, LRA 1995, Statutes (LRL 2)-work, Topics | 1 |

Hudson v South African Airways Soc Ltd (JA84/2014) [2015] ZALAC 28; [2015] 9 BLLR 879; (2015) 36 ILJ 2574 (LAC) (24 June 2015) per Davis JA [Ndlovu JA and Mngqibisa-Thusi AJA concurring] The Labour Appeal Court disallowed the...

Management directive: binding contract not concluded

by GilesFiles | Dec 10, 2014 | 2014 and earlier, 2015 and earlier, Anton Steenkamp, Appeals, B Waglay, Causes and defences, Courts, Disputes: right or interest, General, Interpretation etc, Judges, Labour Appeal Court, Labour Court judges, Labour Relations, LAC judges, Landmark judgments, Managerial prerogative, Retirement, Topics | 1 |

Eskom Holdings Ltd v Solidarity obo Hutchings (CA19/11) [2014] ZALAC 84 (10 December 2014) per Waglay JP [Musi and Dlodlo AJJA concurring] On appeal the Labour Appeal Court set aside the judgment of Steenkamp J in the Labour...

Tag: Turquand Rule

Private arbitration award: Service level agreement

Inherent powers: Labour court processes and common law

Factual disputes: Imprudent motion proceedings

Management directive: binding contract not concluded