Evidence and onus Archives

Restraint provisions dissected: Discharging onus?

by GilesFiles | Jan 7, 2020 | 2020, Acting LC judges, Applications, Clothing & textiles, Common Law, Courts, Evidence and onus, Evidentiary burden, Interdicts and rule nisi, joinder of parties, Judges, Labour Court, Labour Court judges, Legal Practice, Orders, Parties, Plascon-Evans rule, Private enterprises, Refused, Sean Snyman, Sectors, Topics, Urgency | 0 |

For subscribers only Whilst some judgment summaries are available to all, this judgment summary is reserved for subscribers only. If you are already a subscriber, you can login to see this judgment summary. If you cannot login,...

Unlawful suspension reversed: Non-compliance with regulations

by GilesFiles | Jan 3, 2020 | 2020, Acting LC judges, Applications, Cause: regulations, Common Law, Courts, Declaratory, Evidence and onus, Government - municipal, Granted, Interdicts and rule nisi, Judges, Jurisdiction and powers, Labour Court, Labour court, Labour Court judges, Legal Practice, Municipal managers, Orders, Orders re costs, Parties, Plascon-Evans rule, Public Service, Rules and practice manuals, Sean Snyman, Sectors, Topics, Urgency, Zungu doctrine | 0 |

For subscribers only Whilst some judgment summaries are available to all, this judgment summary is reserved for subscribers only. If you are already a subscriber, you can login to see this judgment summary. If you cannot login,...

Mutually destructive versions: Inference and credibility

by GilesFiles | Dec 18, 2019 | 2019, Acting LC judges, Awards -s145, Courts, Dismissal: valid and fair reason, Dispute Resolution (LRL 3), Evidence and onus, Factual disputes, Judges, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Metal & engineering, Onus of proof, Parties, Private enterprises, Review tests, S Mabaso, Sectors, Sidumo - reasonableness, Termination (LRL 8), Topics | 0 |

For subscribers only Whilst some judgment summaries are available to all, this judgment summary is reserved for subscribers only. If you are already a subscriber, you can login to see this judgment summary. If you cannot login,...

Legal advice privilege: Disclosure and waiver

by GilesFiles | Dec 13, 2019 | 2019, 2019, Appeals, Common Law, Courts, Evidence and onus, Interpretation and application, Judges, Landmark judgments, Legal Practice, MJD Wallis, SCA judges, Supreme Court of Appeal, Topics | 0 |

Contango Trading SA v Central Energy Fund SOC Ltd Legal advice privilege considered and to the extent there was conduct that could objectively speaking be viewed as inconsistent with preserving in full the confidentiality of the...

Precautionary suspension unfair: Compensation awarded

by GilesFiles | Dec 11, 2019 | 2019, Acting LAC judges, Courts, Dispute Resolution (LRL 3), Evidence and onus, F Kathree-Setiloane, Government - municipal, Judges, Labour Appeal Court, Labour practices (LRL 9), Labour Relations, Labour Relations Act 1995, LAC judges, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, LRA Chpt: 8a: s185-197B Dismissals, LRA Chpt: 8b: s185-186(2) Labour practices, Objective, Parties, Public Service, Review tests, Sectors, Statutes (LRL 2) - work law, Suspensions - 186(2)(b), Topics | 0 |

For subscribers only Whilst some judgment summaries are available to all, this judgment summary is reserved for subscribers only. If you are already a subscriber, you can login to see this judgment summary. If you cannot login,...

Parol evidence rule: Partial integration rule

by GilesFiles | Nov 28, 2019 | 2019, Agriculture, Appeals, Common Law, Courts, Evidence and onus, Judges, LE Leach, Legal Practice, parol evidence rule, Parties, Private enterprises, SCA judges, Sectors, Supreme Court of Appeal, Topics | 0 |

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Balancing constitutional rights: Dignity and expression

by GilesFiles | Nov 11, 2019 | 2019, Bill of Rights, Common Law, Courts, Dignity equality freedom, Duty to begin, Evidence and onus, Evidentiary burden, High Court, High Court judges, JP Daffue, Judges, Legal Practice, Onus of proof, Rules and practice manuals, Statement of claim, Topics, Uniform High Court | 0 |

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Unduly formalistic approach: Gross irregularity

by GilesFiles | Nov 5, 2019 | 2019, appeal, Appointed LAC judges, Awards -s145, Condonation, Courts, Dismissal: gross misconduct, Dismissal: valid and fair reason, Dispute Resolution (LRL 3), erroneously granted, Evidence and onus, Evidentiary burden, Factual disputes, Government - central, Granted, Granted, Judges, Jurisdiction and powers, Labour Appeal Court, Labour court, Labour Relations, Labour Relations Act 1995, LAC judges, LC Practice Manual, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, LRA Chpt: 8a: s185-197B Dismissals, Onus of proof, Orders, Orders re costs, P Coppin, Parties, Public Service, Reinstatement, Review tests, Rules and practice manuals, Sectors, Sidumo - reasonableness, Statutes (LRL 2) - work law, Termination (LRL 8), Topics, Zungu doctrine | 0 |

For subscribers only Whilst some judgment summaries are available to all, this judgment summary is reserved for subscribers only. If you are already a subscriber, you can login to see this judgment summary. If you cannot login,...

Insourcing product assembly: Going concern not transferred

by GilesFiles | Oct 3, 2019 | 2019, Appointed LC judges, Courts, Edwin Tlhotlhalemaje, Evidence and onus, Judges, Jurisdiction and powers, Labour Court, Labour Court judges, Labour Relations, Labour Relations Act 1995, Legal Practice, LRA Chpt: 8a: s185-197B Dismissals, Manufacturing, Non-profit organisations, Parties, Plascon-Evans rule, Private enterprises, Sectors, Statutes (LRL 2) - work law, Topics | 0 |

For subscribers only Whilst some judgment summaries are available to all, this judgment summary is reserved for subscribers only. If you are already a subscriber, you can login to see this judgment summary. If you cannot login,...

Injurious falsehood elements: Truth knowledge cause loss

by GilesFiles | Sep 26, 2019 | 2019, Agriculture, Common Law, Competition, Courts, Evidence and onus, FE Mokgohloa, Interdicts and rule nisi, Judges, Legal Practice, Parties, Plascon-Evans rule, Private enterprises, SCA judges, Sectors, Supreme Court of Appeal, Topics | 0 |

Smith v Mountain Oaks Winery (Pty) LtdInjurious falsehood elements listed and considered by SCA and found that the statements were not false and in any event knowledge of falsity had not been alleged nor proved. “The...

Fraudulent misrepresentation damages: Excess salary

by GilesFiles | Sep 24, 2019 | 2019, Common Law, Courts, Evidence and onus, hearsay evidence, High Court, High Court judges, Judges, Legal Practice, Legislation, Logistics, Orders, Parties, Sectors, SOEs (State Owned Enterprises), Statement of claim, Topics, Transportation | 0 |

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Union’s payment woes: Condonation refused

by GilesFiles | Sep 19, 2019 | 2019, Appointed LC judges, Condonation, Courts, Dispute Resolution (LRL 3), Evidence and onus, Judges, Labour Court, Labour Court judges, Labour Relations, Labour Relations Act 1995, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, MPN Nkutha-Nkontwana, Parties, Plascon-Evans rule, Refused, Retailing, Sectors, Statutes (LRL 2) - work law, Topics, Trade unions | 0 |

For subscribers only Whilst some judgment summaries are available to all, this judgment summary is reserved for subscribers only. If you are already a subscriber, you can login to see this judgment summary. If you cannot login,...

Category: Evidence and onus