Case Notes

Individual employees cannot rely on s 189(1)(c) of the LRA to claim that their dismissals are automatically unfair

Jacobson v Vitalab (LC) (unreported case no JS 1042/19, 28-5-219) (Van Niekerk J) Van Niekerk J recently held that s 187(1)(c) of the Labour Relations Act 66 of 1995 (LRA), which […]

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High Court rules that the common law principle of set-off is not applicable to debts arising from credit agreements regulated by the NCA

National Credit Regulator v Standard Bank of South Africa Limited (GP) (unreported case no 44415/16, 27-6-2019) (Keightley J) On 27 June, Keightley J from the Gauteng Local Division, Johannesburg ruled […]

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The death of derivative misconduct

National Union of Metalworkers of South Africa obo Nganezi and Others v Dunlop Mixing and Technical Services (Pty) Ltd and Others (CC) (unreported case no CCT202/18, 28-6-2019) (Froneman J (Mogoeng […]

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Accidentally on purpose? A case study on the fine line between intentional and negligent misconduct

Drs Dietrich, Voigt and Mia (Pty) Ltd t/a Pathcare v Bennet and Others [2019] 8 BLLR 741 (LAC) Where one draws the line on what ought to be considered as […]

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The interpretation and application of s 7 of the Admission of Advocates Act does not of itself alone raise a constitutional issue

General Council of the Bar of South Africa v Jiba and Others 2019 (8) BCLR 919 (CC) In the case of the General Council of the Bar of South Africa […]

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Is compensation in terms of s 189A(13)(d) of the LRA a self-standing remedy?

Steenkamp and Others v Edcon Limited (CC) (unreported case no CCT29/18, 30-4-2019) (Basson AJ (unanimous)) The case of Steenkamp entailed an employment dispute wherein Ms Steenkamp and 1 817 other […]

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A South African constitutional jurisprudential duty to consult affected and interested parties before awarding mining and prospecting rights

Bengwenyama Minerals (Pty) Ltd and Others v Genorah Resources (Pty) Ltd and Others 2011 (4) SA 113 (CC) Since the Mineral and Petroleum Resources Development Act 28 of 2002 (MPRDA) […]

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Gated estates can enforce speed limits within the gated community

Mount Edgecombe Country Club Estate Management Association II (RF) NPC v Singh and Others (SCA) (unreported case no 323/2018, 28-3-2019) (Ponnan JA (Salduker, Swain and Schippers JJA and Rogers AJA […]

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Employees be aware: A discussion

Steenkamp and Others v Edcon Ltd (CC) (unreported case no CCT29/18, 30-4-2019) (Basson AJ (Mogoeng CJ, Cameron J, Dlodlo AJ, Froneman J, Goliath AJ, Khampepe J, Mhlantla J, Petse AJ […]

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When does a real right to a half-share of immovable property vest in a spouse?

Fischer v Ubomi Ushishi Trading CC and Others 2019 (2) SA 117 (SCA) The issue before the Supreme Court of Appeal (SCA) in Fischer was whether a real right to […]

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