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Murray V Minister Of Defence
''Murray v Minister of Defence'' is an important case in South African labour law. An appeal from a decision in the Cape Provincial Division by James Yekiso, Yekiso J, it was heard in the Supreme Court of Appeals of South Africa, Supreme Court of Appeal (SCA) on 18 February 2008. Lex Mpati, Mpati DP, Edwin Cameron, Cameron JA, Dunstan Mlambo, Mlambo JA, Combrinck JA and Azhar Cachalia, Cachalia JA presided, handing down judgment on 31 March. Counsel for the appellant was KPCO von Lieres und Wilkau SC (with RB Engela); NJ Treurnicht SC (with AC Oosthuizen SC) appeared for the respondent. The appellant's attorneys were Van der Spuy Attorneys, Cape Town, and Hill McHardy & Herbst Ing, Bloemfontein. The respondent was represented by the State Attorney, Cape Town, and the State Attorney, Bloemfontein. The court found that the right to fair labour practices, in section 23(1) of the Constitution of South Africa, Constitution, imports into the common-law contract of employment the general ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
South African Labour Law
South African labour law regulates the relationship between employers, employees and trade unions in the Republic of South Africa. History The Native Labour Regulations Act 1911 prohibited strikes by trade unions, introduced wage ceilings and a pass system for moving around jobs. Over 70,000 Chinese labourers were brought in, and used by landowners to undercut the wages of other workers. Among white workers, there was significant unrest, and major strikes took place in 1907, 1913, 1914 and 1922 For a period of sixteen years, from 1979 to 1995, several critical developments occurred in the field of labour law in South Africa, beginning with a radical change in the first of these years, when a significant Commission of Enquiry was held, resulting in the establishment of an Industrial Court, which was given extensive powers to mould, change, shape and develop the law. Prior to 1995, most labour relations were based on contracts. In 1995, much of the law developed by the Commissi ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Constitution Of South Africa
The Constitution of South Africa is the supreme law of the Republic of South Africa. It provides the legal foundation for the existence of the republic, it sets out the rights and duties of its citizens, and defines the structure of the Government. The current constitution, the country's fifth, was drawn up by the Parliament elected in 1994 in the South African general election, 1994. It was promulgated by President Nelson Mandela on 18 December 1996 and came into effect on 4 February 1997, replacing the Interim Constitution of 1993. The first constitution was enacted by the South Africa Act 1909, the longest-lasting to date. Since 1961, the constitutions have promulgated a republican form of government. Since 1996, the Constitution has been amended by seventeen amendment acts. The Constitution is formally entitled the "Constitution of the Republic of South Africa, 1996." It was previously also numbered as if it were an Act of Parliament—Act No. 108 of 1996—but, since the p ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Butterworths Constitutional Law Reports
Case citation is a system used by legal professionals to identify past court case decisions, either in series of books called reporters or law reports, or in a neutral style that identifies a decision regardless of where it is reported. Case citations are formatted differently in different jurisdictions, but generally contain the same key information. A legal citation is a "reference to a legal precedent or authority, such as a case, statute, or treatise, that either substantiates or contradicts a given position." Where cases are published on paper, the citation usually contains the following information: * Court that issued the decision * Report title * Volume number * Page, section, or paragraph number * Publication year In some report series, for example in England, Australia and some in Canada, volumes are not numbered independently of the year: thus the year and volume number (usually no greater than 4) are required to identify which book of the series has the case repo ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
South African Law Reports
Case citation is a system used by legal professionals to identify past court case decisions, either in series of books called reporters or law reports, or in a neutral style that identifies a decision regardless of where it is reported. Case citations are formatted differently in different jurisdictions, but generally contain the same key information. A legal citation is a "reference to a legal precedent or authority, such as a case, statute, or treatise, that either substantiates or contradicts a given position." Where cases are published on paper, the citation usually contains the following information: * Court that issued the decision * Report title * Volume number * Page, section, or paragraph number * Publication year In some report series, for example in England, Australia and some in Canada, volumes are not numbered independently of the year: thus the year and volume number (usually no greater than 4) are required to identify which book of the series has the case reporte ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Murray V Minister Of Defence (C)
''Murray v Minister of Defence'' is an important case in South African labour law. An appeal from a decision in the Cape Provincial Division by Yekiso J, it was heard in the Supreme Court of Appeal (SCA) on 18 February 2008. Mpati DP, Cameron JA, Mlambo JA, Combrinck JA and Cachalia JA presided, handing down judgment on 31 March. Counsel for the appellant was KPCO von Lieres und Wilkau SC (with RB Engela); NJ Treurnicht SC (with AC Oosthuizen SC) appeared for the respondent. The appellant's attorneys were Van der Spuy Attorneys, Cape Town, and Hill McHardy & Herbst Ing, Bloemfontein. The respondent was represented by the State Attorney, Cape Town, and the State Attorney, Bloemfontein. The court found that the right to fair labour practices, in section 23(1) of the Constitution, imports into the common-law contract of employment the general term that the employer will not, without reasonable and proper cause, conduct itself in a manner calculated and likely to de ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Contractual Repudiation
A contract is a legally enforceable agreement between two or more parties that creates, defines, and governs mutual rights and obligations between them. A contract typically involves the transfer of goods, services, money, or a promise to transfer any of those at a future date. In the event of a breach of contract, the injured party may seek judicial remedies such as damages or rescission. Contract law, the field of the law of obligations concerned with contracts, is based on the principle that agreements must be honoured. Contract law, like other areas of private law, varies between jurisdictions. The various systems of contract law can broadly be split between common law jurisdictions, civil law jurisdictions, and mixed law jurisdictions which combine elements of both common and civil law. Common law jurisdictions typically require contracts to include consideration in order to be valid, whereas civil and most mixed law jurisdictions solely require a meeting of the ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
South African National Defence Force
The South African National Defence Force (SANDF) comprises the Military, armed forces of South Africa. The commander of the SANDF is appointed by the President of South Africa from one of the Military branch, armed services. They are in turn accountable to the Minister of Defence and Military Veterans of the Department of Defence (South Africa), Defence Department. The military as it exists today was created in 1994, following South Africa's first nonracial election in April of that year and the adoption of a new constitution. It replaced the South African Defence Force and also integrated uMkhonto we Sizwe (MK), and the Azanian People's Liberation Army (APLA) guerilla forces. History Integration process In 1994, the SANDF took over the personnel and equipment from the South African Defence Force, SADF and integrated forces from the former Bantustan homelands forces, as well as personnel from the former guerrilla forces of some of the political parties involved in South Africa ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Pretoria
Pretoria () is South Africa's administrative capital, serving as the seat of the Executive (government), executive branch of government, and as the host to all foreign embassies to South Africa. Pretoria straddles the Apies River and extends eastward into the foothills of the Magaliesberg mountains. It has a reputation as an academic city and center of research, being home to the Tshwane University of Technology (TUT), the University of Pretoria (UP), the University of South Africa (UNISA), the Council for Scientific and Industrial Research (CSIR), and the Human Sciences Research Council. It also hosts the National Research Foundation (South Africa), National Research Foundation and the South African Bureau of Standards. Pretoria was one of the host cities of the 2010 FIFA World Cup. Pretoria is the central part of the City of Tshwane Metropolitan Municipality which was formed by the amalgamation of several former local authorities, including Bronkhorstspruit, Centurion, Gaute ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
South African Navy
The South African Navy (SA Navy) is the naval warfare branch of the South African National Defence Force. The Navy is primarily engaged in maintaining a conventional military deterrent, participating in counter-piracy operations, fishery protection, search and rescue, and upholding maritime law enforcement for the benefit of South Africa and its international partners. Today the South African Navy is one of the most capable naval forces in the African region, operating a mixed force of sophisticated warships, submarines, patrol craft, and auxiliary vessels, with over 7,000 personnel; including a marine force. With formerly deep historical and political connections to the United Kingdom, the first emergence of a naval organisation was the creation of the South African Division of the British Royal Naval Volunteer Reserve in 1913, before becoming an nominally independent naval service for the Union of South Africa in 1922. In its history, South African naval vessels and perso ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Constructive Dismissal
In employment law, constructive dismissal, also called constructive discharge or constructive termination, occurs when an employee resigns as a result of the employer creating a hostile work environment. Since the resignation was not truly voluntary, it is, in effect, a termination. For example, when an employer places extraordinary and unreasonable work demands on an employee to obtain their resignation, this can constitute a constructive dismissal. The exact legal consequences differ between different countries, but generally a constructive dismissal leads to the employee's obligations ending and the employee acquiring the right to make claims against the employer. The employee may resign over a single serious incident or over a pattern of incidents. Generally, a party seeking relief must have resigned soon after an unreasonable situation was imposed. United States law In the United States, constructive discharge is a general term describing the involuntary resignation of an ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
