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The Labour Court is a South African court that handles labour law cases, that is, disputes arising from the relationship between employer, employee and trade union. The court was established by the Labour Relations Act, 1995 , and has a status similar to that of a division of the High Court .
The law responds to each of them by imposing an obligation to pay compensatory damages. Restitution for wrongs is the subject which deals with the issue of when exactly the law also responds by imposing an obligation to make restitution. Example. In Attorney General v Blake, [25] an English court found itself faced with the following claim. The ...
H Mostert and A Pope (eds) The Principles of The Law of Property in South Africa 1 ed (2010). Restitution of Land Rights Act 22 of 1994. Richtersveld Community and Others v Alexkor Ltd and Another 2003 (6) SA 104 (SCA), 2003 Case 488/2001 SAFLII; Alexkor Ltd and Another v Richtersveld Community and Others 2004 (5) SA 460 (CC), 2003 CCT 19/03 SAFLII
A legal remedy, also referred to as judicial relief or a judicial remedy, is the means with which a court of law, usually in the exercise of civil law jurisdiction, enforces a right, imposes a penalty, or makes another court order to impose its will in order to compensate for the harm of a wrongful act inflicted upon an individual.
The common law of South Africa, "an amalgam of principles drawn from Roman, Roman-Dutch, English and other jurisdictions, which were accepted and applied by the courts in colonial times and during the period that followed British rule after Union in 1910," [76] plays virtually no role in collective labour law. Initially, in fact, employment law ...
Pages in category "Labour Court of South Africa cases" The following 6 pages are in this category, out of 6 total. This list may not reflect recent changes. D.
The following is an excerpt about the change of position defence at work. The Change Of Position Issue. 76 As Mr Howe correctly observed in the course of argument, “change of position” is what this case is really all about. 77 In Lipkin Gorman (above) the House of Lords recognised change of position as a defence to restitutionary claims. In ...
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