High Court of South Africa South Gauteng, Johannesburg - 2014

3 judgments

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3 judgments
Citation
Judgment date
August 2014
Court granted final interdict enforcing a one-year restraint to protect employer's customer connections; damages inadequate alternative.
Labour law – Restraint of trade – urgency of relief – admission of supplementary affidavits – protectable customer connections – enforceability of restraint – damages inadequate alternative remedy – constitutional child-interest argument rejected.
6 August 2014
March 2014
Applicant failed to show good cause or rebut the sheriff’s prima facie return to rescind default divorce order.
Practice — Condonation and rescission of default judgment; service of process — sheriff’s return prima facie evidence; challenging return requires clear, convincing evidence and ordinarily the sheriff must be called; delay and prospects of success relevant to condonation; fraud/collusion must be proven to set aside a default divorce order; appellate interference limited to clear misdirection or capricious exercise of discretion.
13 March 2014
January 2014
A court upheld the majoritarian extension of a collective agreement and interdicted a minority union’s intended strike as unprotected.
Labour law – Extension of collective agreements to non‑members under s23(1)(d) LRA; meaning of "workplace" under s213; majoritarian principle in collective bargaining; interplay between right to strike and binding effect of majority collective agreements; urgent interim interdict to prevent unprotected strike.
30 January 2014