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The Labour Appeal Court's unanimous decision was handed down by Judge Davis on 26 May 2010. [5] The decision was premised on the court's interpretation of section 23(1) of the Constitution, which provides that "everyone has the right to fair labour practices".
The majority upheld the SAPS's appeal against the decision of the Supreme Court of Appeal, setting that decision aside. Instead, it restored and upheld the decision of the Labour Appeal Court, which was written by Judge President Dunstan Mlambo , subject only to an amendment of the costs order handed down by Mlambo.
Currently, SAFLII serves over 220,000 unique visitors per month and provides access to about 49,000 judgements from South Africa alone. SAFLII also offers access to legislation and open-access journals such as De Jure, the Potchefstroom Electronic Law Journal, SADC Law Journal and Law, Democracy & Development.
The Labour Appeal Court is a South African court that hears appeals from the Labour Court. The court was established by the Labour Relations Act, 1995, and has a status similar to that of the Supreme Court of Appeal. It has its seat in Johannesburg but also hears cases in Cape Town, Port Elizabeth and Durban.
Although this presumption is useful in determining whether a person is an employee or not, as it is closely linked to the principles and approaches developed by the courts, the Labour Court held, in Catlin v CCMA, that section 200A does not do away with the principle that the true nature of the relationship between the parties must be gathered ...
Sean "Diddy" Combs cases. Sean "Diddy" Combs — founder of Bad Boy Records and the Sean John brand — is due to stand trial in federal court in Manhattan on May 5 on a sex-trafficking indictment ...
Blake Lively could be headed to trial over the claims made in her sexual harassment complaint against Justin Baldoni, a legal expert tells PEOPLE.. According to Gregory Doll, who is a partner at ...
By answering that question against Van der Vyver, the appeal court may have struck a major blow against the law, holding the police and prosecution to principles of integrity and openness. [ 1 ] Retired South African advocate and legal scholar Gustaf Pienaar has also publicly questioned and criticized the Constitutional Court for failing to ...