value judgment Archives

Restraint partially enforced: Key principles outlined

by GilesFiles | Sep 17, 2024 | 2020 onwards, AA - Resources generally, Applications, Balancing interests, BCEA 1997 (LRL 10), BCEA 77(3) & 77A(e), Bill of Rights, Causes and defences, Contractual breach, Costs, Courts, Declaratory, Evidence & onus, Free and fair, Granted, Insights, Interdicts & rules, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, LRA 07: 112-184 Dispute, LRA 1995, LRA D: 151-166 LC, Management, Markets in SA, Orders, Parties, Personal services, Private enterprises, Protectable interests, Resolving disputes (LRL 3), RGO Lagrange, Rules Codes & Manual, Sectors, Selected judges, Statutes (LRL 2)-work, Topics, Trade restraints | 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,...

Consistency: Not a rule unto itself

by GilesFiles | Jan 17, 2016 | Consistency element, Fair procedure, Insights, Termination (LRL 8), Words & phrases | 0 |

Conradie JA held in Saccawu v Irvin & Johnson Ltd [1999] 8 BLLR 741; (1999) ILJ 2302 (LAC): ‘Consistency is simply an element of disciplinary fairness . . . . Discipline must not be capricious. It is really the...

Cancelling contract for malperformance: Balancing interests?

by GilesFiles | Sep 14, 2000 | 2014 and earlier, AB - Law generally, AB1 - Fairness principle or concept, Appeals, Appeals - leave, Balancing interests, BCEA 77(3) & 77A(e), Causes and defences, Conduct unbecoming, Contractual breach, Costs, Courts, Declaratory, Disallowed, Insights, Interpretation etc, Judges, Jurisdiction & powers, Lawfulness & fairness, Legal Practice, Legality principle, Orders, Parties, Private enterprises, Roman Dutch law, SCA judges, Sectors, Supreme Court of Appeal, Termination (LRL 8), Topics, Trade, Unlawful and void | 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,...

Repudiating employment contract: Wide or narrow sense?

by GilesFiles | Nov 24, 1995 | 2014 and earlier, 2015 and earlier, Allowed, Appeals, Appeals - leave, Causes and defences, Conduct & capacity, Contractual breach, Costs, Courts, Evidence & onus, Interpretation etc, Judges, Jurisdiction & powers, Labour Relations, Landmark judgments, Lawfulness & fairness, Legal Practice, Legislation, LRA 08a: 185-197B Dismissal, LRA 1995, Orders, Parties, Personal services, SCA judges, Sectors, State Owned Enterprises, Statutes (LRL 2)-work, Statutory, Supreme Court of Appeal, 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,...

Tag: value judgment

Restraint partially enforced: Key principles outlined

Consistency: Not a rule unto itself

Cancelling contract for malperformance: Balancing interests?

Repudiating employment contract: Wide or narrow sense?