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South Africa Case Law

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Labour Law [2016] ZALCCT 19

Cape Global Construction And Engineering Training Center (Pty) Ltd v Building Industry Bargaining Council (Cape of Good Hope) (C 408/16)

Cape Global Construction And Engineering Training Center (Pty) Ltd v Building Industry Bargaining Council (Cape of Good Hope) (C 408/16) [2016] ZALCCT 19 (15 July 2016)

The court found that the applicant established a prima facie right to relief, as the respondent's agents acted beyond the bounds of lawfulness by attempting to procure registration of the applicant's employees with the respondent and making representations regarding their entitlement to benefits. The court held that, pending the outcome of the demarcation dispute, the respondent has no authority to require such registration or to disrupt the applicant's operations at NMC sites. The urgency was justified by the ongoing nature of the harm and the respondent's refusal to provide an undertaking.…

  • Demarcation Dispute
  • Interim Interdict
  • Collective Agreements
  • Site Inspections
  • Unlawful Harassment
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Civil Procedure [2013] ZAGPJHC 403

Diamond v O'Sullivan and Another (45270/12)

Diamond v O'Sullivan and Another (45270/12) [2013] ZAGPJHC 403 (18 July 2013)

The court found that O'Sullivan's conduct, acting on behalf of the second respondent, went beyond legitimate assertion of rights and constituted unlawful harassment and attempted extortion. O'Sullivan repeatedly threatened the applicant with arrest and public embarrassment unless he agreed to repay unspecified sums, refused to disclose the basis or quantum of the alleged debt, and refused to engage with the applicant's version of events. The threats were not accompanied by any legitimate process or demand, and the manner in which O'Sullivan exercised his authority was aggressive, bullying, an…

  • Final Interdict
  • Attempted Extortion
  • Unlawful Harassment
  • Punitive Costs
  • Admissibility Of Evidence
  • Abuse Of Process
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South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.