Article 43/2022

What are the grounds for the setting aside a writ of execution?

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A writ of execution must be strictly in compliance with the wording of the order from which the judgment debt arises.  If a judgment debtor disputes liability for the amounts reflected in the writ on the grounds that it has paid the amounts, or part of them, or because it contends that it is not liable for them on the ground that they were not within the scope of the judgment, it may apply to court for relief (Butchard v Butchard 1996 (2) SA 581 (W), at 587).

November 25, 2024

What are the principles governing the vicarious liability of an employer for acts committed by an employee in breach of the EEA, in terms of s60 of the EEA?

November 25, 2024

The scenario is as follows: only employees working at a bakery and not employees working at a mill were party to the disputes when referred to conciliation.  At arbitration, the union wanted to join the employees working at the mill.

Is such joinder permissible?

November 25, 2024

What is the test for unfair discrimination formulated in Harksen v Lane and consistently applied subsequently by the various courts, including, recently, Premier FMCG (Pty) Ltd t/a Blue Ribbon Bakery v FAWU (2022) 33 SALLR 277 (LC); (2022) 43 ILJ 1584 (LC)?