Results for interdict

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Accidentally overpaid an employee? Here's what to do...
Accidentally overpaid an employee? Here's what to do...Article

How should you address a genuine mistake that has been made resulting in employees receiving payments that they have not earned...?

Janeske Greeff 12 Apr 2021

Primedia beats Prasa in decade-long court case
Primedia beats Prasa in decade-long court caseArticle

There finally appears to be justice in a case that was repeatedly delayed by Prasa and the Umjanji Consortium...

James Stent 1 Apr 2021

The Pretoria High Court has stopped Uthaka Energy from starting to mine coal this week in the critical water source area of Mabola, Mpumalanga. Archive photo: supplied
Court stops Mpumalanga coal mineArticle

In yet another turn in what is already a six-year legal battle, Uthaka Energy, a coal-mining company, has been interdicted by the Pretoria High Court from mining in one of South Africa's critical water source areas...

John Yeld 26 Mar 2021

Legal challenges, opportunities for SA's TMT sector in 2021
Legal challenges, opportunities for SA's TMT sector in 2021Article

Three topics will top the list of priorities for executives in the technology, media and telecommunications (TMT) sector in South Africa in 2021...

25 Feb 2021

Determining distance in restraint of trade agreements
Determining distance in restraint of trade agreementsArticle

In the case of Trendy Greenies (Pty) Ltd t/a Sorbet George v De Bruyn and others [2020], the Labour Court had to determine the definition of "radius" when used as a method of measuring distance in a restraint of trade agreement...

Jacques van Wyk and Andre van Heerden 9 Feb 2021

Vinpro pushes ahead with court application
Vinpro pushes ahead with court applicationArticle

Despite the partial lifting of the ban on the local sale of liquor, Vinpro on behalf of its members will continue with its urgent court challenge to avoid any future disruptions in the South African wine industry and its value-chain due to a rise in Covid-19 cases and hospitalisations...

5 Feb 2021

Lockout vs suspended strike: Can replacement labour be used?
Lockout vs suspended strike: Can replacement labour be used?Article

Whether replacement labour may be used where an employer has instituted a lockout in response to a strike which has subsequently been suspended by the trade union and employees concerned...

Jacques van Wyk and Andre van Heerden 3 Feb 2021

Mosadi Kwele speaks at a community meeting held on 19 January 2020, while Itumeleng Nyaka holds the megaphone. Like many others at the meeting, Kwele says Ikwezi Vanadium must respond to the community’s queries before continuing with mining activities at Haakdoornfontein farm. Photo: Masego Mafata
Community and mining company clash over vanadium-rich landArticle

Tensions are high between the villagers in Mononono in North West Province and mining company Ikwezi Vanadium after at least seven people were injured, some seriously, in protests since December 2020...

Masego Mafata 28 Jan 2021

Image source: Getty/Gallo
Report on racial bias by schemes against black healthcare providers releasedArticle

The interim findings of the Section 59 investigation into allegations by healthcare practitioners that medical schemes were discriminating against them based on race and ethnicity was released on 19 January...

20 Jan 2021

The court is a guardian, not a nanny
The court is a guardian, not a nannyArticle

The Broadcasting Electronic Media and Allied Workers' Union (Bemawu) recently launched an urgent application in the Labour Court interdicting the South African Broadcasting Corporation (SOC) Ltd (SABC) from proceeding with retrenchment processes and forcing the SABC to adhere to fair consultation processes [Bemawu & Others v SABC & Others, in the Labour Court of South Africa, Johannesburg, Case Number J1199/20].

Lloyd Abraham and Toka Moiloa 18 Dec 2020

Credit:
SAB ordered to remove misleading labelling from Brutal Fruit productsArticle

SAB has had to stop using the non-compliant labels and remove or withdraw all marketing and advertising in respect of their Brutal Fruit products...

15 Dec 2020

Relief for asylum seekers following Scalabrini judgment
Relief for asylum seekers following Scalabrini judgmentArticle

Home Affairs has been interdicted from implementing certain provisions of the Refugees Act and new Regulations (both implemented on 1 January 2020), which sought to return asylum seekers back to their home country where they could face detention without trial, rape, torture, or death, merely because he or she was a month late in renewing a visa...

2 Dec 2020

October's free LexisNexis Case Law Index is available - sign up here
October's free LexisNexis Case Law Index is available - sign up hereArticle

The October index of the free, online LexisNexis Case Law repository is now available and, once again, highlights some of the interesting precedent setting cases considered by South Africa's courts recently...

Issued by LexisNexis 13 Nov 2020

Court grants eviction order against housing hijackers
Court grants eviction order against housing hijackersArticle

The Cape High Court has granted social housing company Communicare an eviction order to remove people who have been illegally occupying units in its Albatros rental complex in Thornton for over a year...

Marecia Damons 13 Nov 2020

Truda Foods asks court for permanent interdict against suspended workers
Truda Foods asks court for permanent interdict against suspended workersArticle

The company refuses to recognise a union and a community group as worker representatives...

Joseph Chirume 9 Nov 2020

Court asserts Eskom's right to cut-off electricity defaulters
Court asserts Eskom's right to cut-off electricity defaultersArticle

Eskom has welcomed what it deems as a landmark judgment after the High Court affirmed the utility's right to terminate electricity supply to defaulting, non-paying customers...

15 Oct 2020

Minister of Mineral and Energy Resources Gwede Mantashe and Australian mining boss Mark Caruso during the minister’s visit to the Tormin mineral sands mine on the West Coast in February 2019. Photo: John Yeld
SA-linked Aussie mining executive in trouble with the law at homeArticle

Controversial Australian mining boss Mark Caruso, who is suing South African lawyers and environmental activists for millions of rands, is facing criminal charges at home of assault, aggravated home burglary and trespassing...

John Yeld 6 Oct 2020

Court ruling in water pollution case
Court ruling in water pollution caseArticle

The Department of Water and Sanitation has welcomed a court order issued against the Dr Ruth Segomotsi Mompati District Municipality to refrain from polluting water resources...

14 Sep 2020

Shoprite, Woolworths, PnP and Dis-Chem pull TRESemmé off shelves
Shoprite, Woolworths, PnP and Dis-Chem pull TRESemmé off shelvesArticle

Some of South Africa's largest retailers have followed Clicks in removing all TRESemmé products from shelves...

10 Sep 2020

No evictions or demolitions without a court order, judges rule
No evictions or demolitions without a court order, judges ruleArticle

The City of Cape Town's Anti-Land Invasion Unit (ALIU) will not be allowed to evict people or demolish their structures, whether occupied or unoccupied, without a court order while the country remains in a state of national disaster...

James Stent 27 Aug 2020

Julian Herzog via
SAA business rescue plan vote given green lightArticle

The Department of Public Enterprises has welcomed the judgment to strike off the roll an urgent court application by SA Airlink...

25 Jun 2020

Alternatives to dismissal - contemplating retrenchments post Covid-19
Alternatives to dismissal - contemplating retrenchments post Covid-19Article

The issue of when an employer should explore alternatives to retrenchment has never been more relevant than now, as businesses begin to respond to the impacts of Covid-19 on their operations...

Johan Botes 15 Jun 2020

Minerals and Energy Minister, Gwede Mantashe
Environmentalist groups reminds minister of nuclear procurement proceduresArticle

The Department of Mineral Resources and Energy (DMRE) recently indicated that it will immediately be commencing with the procurement process for a 2500MW new nuclear power programme...

11 Jun 2020

Can you use Zoom for retrenchment consultations?
Can you use Zoom for retrenchment consultations?Article

In Food and Allied Workers Union (Fawu) v South African Breweries (SAB), the Labour Court ruled on the issue of the utilisation of Zoom or other similar facilities for retrenchment consultations...

Jonathan Goldberg and Grant Wilkinson 2 Jun 2020

Covid-19: Can employees withdraw from the workplace?
Covid-19: Can employees withdraw from the workplace?Article

Employees returning to work from the Covid-19 lockdown will need to show reasonable justification if they halt work on the basis that they may be exposed to the virus...

Kenneth Coster 29 May 2020

Court orders City of Cape Town to leave Obs occupiers alone
Court orders City of Cape Town to leave Obs occupiers aloneArticle

Shack dwellers and homeless people who have erected a tent in Observatory, Cape Town, have obtained an urgent interim interdict that prevents the City from evicting them. The tent, home now to dozens of people, has been erected on the lawn in front of a vacated old age home, Arcadia House, owned by Cape Peninsula Organisation for the Aged (CPOA)...

21 May 2020

Two major suppliers of face masks charged for price gouging
Two major suppliers of face masks charged for price gougingArticle

The Competition Commission has referred two major suppliers to the Competition Tribunal for prosecution for allegedly charging excessive prices on face masks...

13 May 2020

UIF disbursements surpass R3bn mark
UIF disbursements surpass R3bn markArticle

Government has dispersed R3.3 billion in Unemployment Insurance Fund (UIF) claim benefits submitted by 1.75 million workers - as relief for the economic impact of the Covid-19 pandemic...

29 Apr 2020

B-BBEE Commission welcomes court decision on fronting
B-BBEE Commission welcomes court decision on frontingArticle

The Broad Based Black Economic Empowerment (B-BBEE) Commission has welcomed a court decision to dismiss an application that would see it not performing its functions...

24 Mar 2020

Covid-19: Housing activists call for halt to evictions
Covid-19: Housing activists call for halt to evictionsArticle

Over 20 social justice organisations have called for an urgent moratorium on all evictions in light of the coronavirus pandemic...

Zoë Postman 23 Mar 2020

Ntombifuthi Ntuli, CEO of Sawea
CTF losses PPA appealArticle

The Supreme Court of Appeal has dismissed the case brought by the Coal Transporters Forum (CTF) to set aside power purchase agreements (PPA's) with preferred bidders...

16 Mar 2020

Bus operator's application against Prasa dismissed
Bus operator's application against Prasa dismissedArticle

The Competition Tribunal (Tribunal) has dismissed an interim application by the African People Mover (APM), a bus company which sought interim relief from paying access costs at the Park Station bus facility...

5 Mar 2020

Residents to take municipality to court over water meters
Residents to take municipality to court over water metersArticle

A group of Witzenberg residents are locked in a fight with the municipality over the installation of water management devices on their properties...

Barbara Maregele 12 Feb 2020

High Court hands down groundbreaking judgment on the right to basic education
High Court hands down groundbreaking judgment on the right to basic educationArticle

The Eastern Cape Division of the High Court in Grahamstown recently handed down a groundbreaking judgment upholding the right to education of undocumented children...

Jacquie Cassette and Tricia Erasmus 6 Feb 2020

Contractors beware of new clauses in road tender deals
Contractors beware of new clauses in road tender dealsArticle

Sanral's recent tenders for the upgrades to the N2/N3 are worth millions, which is is great news for contractors in a sector that is in slump. But, law specialists warn that amendments to Sanral's standard contract make it much more difficult for contractors to deal with disruptions...

30 Jan 2020

Homeless people win court victory against City of Cape Town
Homeless people win court victory against City of Cape TownArticle

The Western Cape High Court on Thursday, 12 December 2019, reinstated an order first made on 5 September which prohibited City of Cape Town authorities from fining and confiscating property belonging to people living on the streets...

Steve Kretzmann 13 Dec 2019

Court rules that child offenders, victims and witnesses may not be named - even in adulthood
Court rules that child offenders, victims and witnesses may not be named - even in adulthoodArticle

Child offenders, child victims and child witnesses may not be named - even in adulthood, the Constitutional Court ruled on Wednesday...

Tania Broughton 5 Dec 2019

Could pilots, cabin crew and ground staff be prohibited from striking?
Could pilots, cabin crew and ground staff be prohibited from striking?Article

The seven-day strike by leading unions at South African Airways representing cabin crew, ground staff and technical staff has raised calls from some political quarters to declare aviation an essential service...

Pamela Stein 25 Nov 2019

Alex Beltyukov via
SAA industrial action: On the road to operational recoveryArticle

With all international and some regional flights back in operation, and domestic services carried out by sister airline Mango, South African Airways is on the road to operational recovery.

21 Nov 2019

Construction industry under siege
Construction industry under siegeArticle

Armed gangs are increasingly invading construction sites across the country, harassing workers and threatening violence unless their employment demands are met...

Morag Evans 18 Nov 2019

An estimated R5bn in income to the Bakgatla community cannot be accounted for. Archive photo: Ashraf Hendricks
The chief, the mines and the lost Bakgatla billionsArticle

After two years of investigations of the flow of billions of rands into and out of the Bakgatla ba Kgafela community, the work of the Baloyi Commission of Inquiry may come to nothing...

Wilmien Wicomb 28 Oct 2019

Can your contract protect you against construction mafia losses?
Can your contract protect you against construction mafia losses?Article

Disruptions and work stoppages orchestrated by the now-infamous construction mafia in South Africa is adding to the woes of the already beleaguered construction sector...

28 Oct 2019

Air Chefs interdicts staff from downing tools
Air Chefs interdicts staff from downing toolsArticle

Air Chefs, a catering subsidiary of South African Airways (SAA), on Monday successfully interdicted industrial action by its staff...

8 Oct 2019

Image source: Getty/Gallo
Banking strike off for nowArticle

The banking sector strike scheduled for tomorrow (27 September 2019) has been called off after the Labour Court interdicted it as unlawful...

26 Sep 2019

Image credit: Alessandro Bogliari on Unsplash.
In cricket and reputation crisis, pork pies and greased piglets demand a stony heartArticle

An innings for the ages holds lessons for communicators about when and how to react in a crisis, writes William Smook...

William Smook 12 Sep 2019

Why dispute resolution mechanisms are a must for creditors
Why dispute resolution mechanisms are a must for creditorsArticle

The 2008 Companies Act introduced the concept of business rescue into our company law, where a business rescue practitioner is required to compile a plan which creditors will vote to accept or reject. For the success of the business rescue, the concept of creditor "buy in" is required...

30 Jul 2019

Gauteng wants blanket court interdict on land occupations
Gauteng wants blanket court interdict on land occupationsArticle

The Gauteng Department of Human Settlements is in the process of creating a policy to curb land occupations in the province, according to MEC Lebogang Maile. This was part of its strategy to lessen overcrowding in Alexandra and other townships...

Zoë Postman 25 Jul 2019

The balancing act: Employer/employee reciprocal duty of good faith
The balancing act: Employer/employee reciprocal duty of good faithArticle

A number of years ago, Dunlop Mixing and Technical Services dismissed 65 employees due to the violence which occurred during a month-long strike. Seven years later, the Constitutional Court declared the dismissals unfair...

Tracy Robbins and Julia Olley 23 Jul 2019

Mining activities in South Africa’s rural areas tend to occur at the expense of local communities and the environment. Shutterstock
How South Africa's rural communities are getting a raw deal from miningArticle

Some of the most profitable South African mines are situated in the areas of the country that are home to traditional communities and are governed in terms of customary law...

Llewellyn Leonard 15 Jul 2019

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