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South Africa Case Law

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Labour Law [2018] ZALCJHB 80

Proctor and Gamble Manufacturing SA (Pty) Ltd and Another v Mokadi and Others (JR895/16)

Proctor and Gamble Manufacturing SA (Pty) Ltd and Another v Mokadi and Others (JR895/16) [2018] ZALCJHB 80 (2 February 2018)

The Labour Court reviewed and set aside a CCMA award that applied sections 198A and 200B to an outsourcing arrangement, finding the reasoning irrational.

  • Temporary Employment Services
  • Deeming Provisions
  • Co Employer Liability
  • Outsourcing Agreements
  • Review Of Arbitration Award
  • Labour-law
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Labour Law [2016] ZALCCT 17

PSA obo French v HOD: Department of Social Development North West Province and Another (C890/2014)

PSA obo French v HOD: Department of Social Development North West Province and Another (C890/2014) [2016] ZALCCT 17 (22 April 2016)

The Labour Court dismissed a review application because the applicant failed to plead proper legal grounds and relied on vague annexures and deficient affidavits.

  • Unlawful Dismissal
  • Review Of Administrative Action
  • Deeming Provisions
  • Failure To Plead
  • Costs Order
  • Labour-law
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Tax Law [2016] ZASCA 5

Commissioner for the South African Revenue Service v Kluh Investments (Pty) Ltd (115/2015)

Commissioner for the South African Revenue Service v Kluh Investments (Pty) Ltd (115/2015) [2016] ZASCA 5; [2016] 2 All SA 317 (SCA); 2016 (4) SA 580 (SCA); 78 SATC 177 (1 March 2016)

The Supreme Court of Appeal held that Kluh Investments was not carrying on farming operations, so plantation-sale proceeds were not gross income under section 26.

  • Income Tax Act
  • Farming Operations
  • Capital Vs Income
  • Deeming Provisions
  • Taxable Income
  • Onus Of Proof
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Labour Law [2015] ZALCJHB 283

Assign Services (Pty) Ltd v CCMA and Others (JR1230/15)

Assign Services (Pty) Ltd v CCMA and Others (JR1230/15) [2015] ZALCJHB 283; [2015] 11 BLLR 1160 (LC); (2015) 36 ILJ 2853 (LC) (8 September 2015)

The Labour Court reviewed a CCMA award on section 198A of the LRA, holding that a TES remains an employer and the client is not the sole employer.

  • Temporary Employment Services
  • Labour Relations Amendment Act
  • Deeming Provisions
  • Review Of Arbitration Award
  • Employment Relationship
  • Temporary-employment-services
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Commercial And Corporate [2009] ZAKZDHC 65

Seedat NO and Others v Gapstyle Investments (Pty) Ltd and Another (15531/2008)

Seedat NO and Others v Gapstyle Investments (Pty) Ltd and Another (15531/2008) [2009] ZAKZDHC 65 (13 November 2009)

The High Court granted a provisional winding-up order against Gapstyle Investments after finding unpaid rental arrears and rejecting objections to service and collusion.

  • Provisional Winding Up
  • Companies Act Section 345
  • Creditor Claims
  • Deeming Provisions
  • Supplementary Affidavit
  • Costs Order
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