Category: Government

Experts joint minutes: Agreeing facts and opinions

HAL obo MML v MEC for Health, Free State SCA confirmed the position regarding joint minutes of experts “In accordance with Bee, if they agree on issues of fact and the appropriate approach to technical analysis, the...

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High intolerability threshold: Reinstatement primary remedy

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Claiming defamatory process: Proper factual basis

Joseph v City of Cape Town In upholding various exceptions to the pleaded case claiming a defamatory disciplinary process the high court decided that the pleading falls signally short of compliance with Uniform Rule 18(10),...

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Incorrectly translated post: Unfair demotion practice

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Deeming employment provision: Objective review test

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Rescinding order considered: Strike off or dismiss?

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Reviewing awards timeously: Non-compliance with rules

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Compelling arbitration award: Unacceptable long delay

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Reviewing senior appointment: Preferred job requirements?

George Municipality v Van Staden The George municipality sought the reviewing and setting aside of the appointment of a senior manager in March 2017 because of a directive from the public protector but the high court declined to...

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Preliminary jurisdictional issues: Claims prescribed?

B v Defence and Military Veterans Labour court decided preliminary jurisdictional issues and confirmed that if the respondents had raised the provisions of the Institution of Legal Proceedings Act the applicant could then have...

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Gender discrimination rejected: EEA evidence and scope

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Labour costs considered: Dispute resolution approach

Union for Police Security and Corrections Organisation v South African Custodial Management (Pty) Ltd Constitutional Court considered costs in the labour context and the right of access to the statutory dispute resolution...

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