Two-stages Archives - GilesFiles

Wrongful defamatory statements: Impugning employee dignity

by GilesFiles | Apr 13, 2022 | 2020 onwards, Applications, Bill of Rights, Causes and defences, Costs, Costs awarded, Courts, Damages, Declaratory, Delict, Dignity equality freedom, Evidence & onus, Exceptions/special pleas, High Court, High Court judges, Insights, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, Logistics, Orders, Parties, Sectors, Special pleas, State Owned Enterprises, Suspensions, Topics, Transport & communication, Unlawful and void | 0 |

NPM v Prasa When are statements concerning employee conduct or performance made internally or externally by senior management wrongful and defamatory? “[50] The ordinary meaning of the words and the structure of the...

Self-review application: PAJA or legality?

by GilesFiles | Jun 18, 2021 | 2020 onwards, Courts, High Court, High Court judges, Judges, Labour Relations, Legal Practice, Legality principle, LRA 07: 112-184 Dispute, LRA 08a: 185-197B Dismissal, LRA 1995, Parties, Review tests, Sectors, Statutes (LRL 2)-work, Termination (LRL 8), Topics, Unlawful and void | 0 |

ICT-Works (Pty) Ltd v City of Cape Town Self-review application considered by high court and decided inter alia in para [99] that ‘ Justice and equity dictate that the City should not benefit from its unreasonable delay...

Levy payments absolved: Unlawful resolution?

by GilesFiles | Apr 22, 2020 | 2020 onwards, Applications, BC and HOAs, Community schemes, Courts, Declaratory, High Court, High Court judges, Judges, Legal Practice, Legislation, Orders, Parties, Sectors, Topics | 0 |

Body Corporate of Bains Game Lodge v Bainsvlei Lodges (Pty) Ltd In considering whether owners could be absolved from levy payments the high court decided that ‘the interlocutory order sought would not push this matter or...

Impugning human dignity: Test subjective objective

by GilesFiles | Mar 28, 2007 | 2014 and earlier, Appeals, Appeals - leave, Bill of Rights, Causes and defences, Courts, Delict, Dignity equality freedom, Disallowed, Exceptions/special pleas, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, Orders, Parties, Retired judges, Roman Dutch law, SCA judges, Special pleas, Supreme Court of Appeal, Topics, Universities and schools | 0 |

Dendy v University of the Witwatersrand SCA in considering the issue of impugning human dignity confirmed that the legal position as laid down by the SCA in Delange v Costa was consistent with the Constitution and did not need...

Tag: Two-stages

Wrongful defamatory statements: Impugning employee dignity

Self-review application: PAJA or legality?

Levy payments absolved: Unlawful resolution?

Impugning human dignity: Test subjective objective