Evidence and onus Archives

Staying award enforcement: Requirements considered

by GilesFiles | May 25, 2022 | 2020 +, Applications, Appointed LC judges, Causes of action, Courts, Declaratory, Dispute Resolution (LRL 3), Evidence and onus, Evidentiary burden, GN Moshoana, Interdicts and rule nisi, interpleader proceedings, Interpretation and application, Judges, Jurisdiction and powers, Labour Court, Labour Court judges, Labour practices (LRL 9), Labour Relations, Labour Relations Act 1995, LC Rules, Legal Practice, Logistics, LRA Chpt: 7: s112-184 Dispute resolution, Manufacturing, Not awarded, Orders, Orders re costs, Parties, Private enterprises, Review tests, Rules, Sectors, Statutes (LRL 2) - work law, Statutory, staying proceedings and execution, Suspensions - 186(2)(b), Topics, Uniform High Court, Urgency | 0 |

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Interrupting prescription considered: Contempt not proved

by GilesFiles | May 20, 2022 | 2020 +, Applications, Appointed LC judges, Causes of action, Central, Contempt of court, Courts, Declaratory, Dispute Resolution (LRL 3), Evidence and onus, Exceptions/special pleas, Factual disputes, Government, H Rabkin-Naicker, Interpretation and application, Judges, Jurisdiction and powers, Labour Court, Labour Court judges, Labour Relations, Labour Relations Act 1995, Legal Practice, Legislation, LRA Chpt: 7: s112-184 Dispute resolution, Not awarded, Orders, Orders re costs, Organs of state, Parties, prescription, Rules, Sectors, Special pleas, Statutes (LRL 2) - work law, Statutory, Topics | 0 |

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Arbitration governing clauses: Licence agreements replaced

by GilesFiles | May 17, 2022 | 2020 +, appeal, Appeals, Arbitration agreement, Awarded, Causes of action, Contractual breach, Courts, Declaratory, Disallowed, Endumeni Municipality case, Evidence and onus, Exceptions/special pleas, Interpretation and application, Judges, Jurisdiction and powers, Legal Practice, Legislation, Logistics, Orders, Orders re costs, Parties, Private enterprises, SCA judges, Sectors, Supreme Court of Appeal, Topics | 0 |

Tee Que Trading Services (Pty) Ltd v Oracle Corporation SA (Pty) Ltd Is there a discretion to refuse to stay action proceedings when there are clauses governing and providing for arbitration to resolve all disputes? “[36]...

Access to information ordered: Section 78(2)(d)(i) of PAIA

by GilesFiles | May 16, 2022 | 2020 +, Access to information, Applications, Awarded, Causes of action, Courts, Declaratory, Evidence and onus, Exceptions/special pleas, High Court, High Court judges, Interpretation and application, Judges, Jurisdiction and powers, Legal Practice, Legislation, Orders, Orders re costs, Parties, Personal services, Private enterprises, Protection of Personal Information, Sectors, Special pleas, Specific performance, Statutory, Topics | 0 |

Goosen-Joubert v Women4Women NPC Why was access to information ordered by the high court and what were the reasons for making that order? “[73] In my view, the applicant has made out a proper case that entitles her to the...

Jurisdiction to arbitrate dispute: LRA 186(2)(a) re benefits

by GilesFiles | May 11, 2022 | 2020 +, Applications, Appointed LC judges, BCEA 1997, Benefits - 186(2)(a), Causes of action, Courts, Declaratory, Dispute Resolution (LRL 3), Electricity, Evidence and onus, Interpretation and application, Judges, Jurisdiction and powers, Labour Court, Labour Court judges, Labour practices (LRL 9), Labour Relations, Labour Relations Act 1995, Legal Practice, Legislation, LRA Chpt: 7: s112-184 Dispute resolution, LRA Chpt: 8b: s185-186(2) Labour practices, MZN Lallie, Not awarded, Objective or correct, Orders, Orders re costs, Parties, Review tests, Rules, Rulings - s158(1)(g), Sectors, SOEs (State Owned Enterprises), Statutes (LRL 2) - work law, Statutory, 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,...

Normal retirement age: Fair dismissal ito LRA s187(2)(b)?

by GilesFiles | May 9, 2022 | 2020 +, Applications, Appointed LC judges, Automatically unfair - s187, Basic Conditions (LRL 10), BCEA 1997, BCEA 77(3) and 77A(e), Bill of Rights, Causes of action, Central, Contractual breach, Courts, Declaratory, deeming provision, Dignity equality freedom, Discrimination (LRL 11), Dispute Resolution (LRL 3), EEA Chpt II ss 5-11, Employment Equity (LRL 12), Employment Equity Act 1998, Endumeni Municipality case, Evidence and onus, Exceptions/special pleas, Government, Holistic evaluation, Interpretation and application, Invalid or unfair reason, Judges, Labour Court, Labour Court judges, Labour Relations, Labour Relations Act 1995, Lawfulness, Legal Practice, Legislation, LRA Chpt: 7: s112-184 Dispute resolution, LRA Chpt: 8a: s185-197B Dismissals, MPN Nkutha-Nkontwana, Not awarded, Operation of law, Orders, Orders re costs, Organs of state, Parties, Provisos, Retirement age, Roman Dutch law principles, Sectors, Severance forfeited, Statement of claim, Statutes (LRL 2) - work law, Statutory, Summary - generally, Termination & dismissal (LRL 8), Topics | 0 |

Solidarity obo Strydom v State Information Technology Agency SOC Ltd With regard to a normal or agreed retirement age how can an exception or proviso ever cancel out a constitutional right not to be discriminated against solely...

Agency shop deductions: Bind minority union members

by GilesFiles | May 9, 2022 | 2020 +, Applications, Appointed LC judges, Awards -s145, BM Whitcher, Causes of action, Courts, Dispute Resolution (LRL 3), Employment Relations (LRL 1), Evidence and onus, Judges, Labour Court, Labour Court judges, Labour Relations, Labour Relations Act 1995, Legal Practice, LRA Chpt: 3: s11-63 Collective Bargaining, LRA Chpt: 6: s95-111 Unions and Organisations, LRA Chpt: 7: s112-184 Dispute resolution, Manufacturing, Orders, Orders re costs, Organisations (LRL 4), Parties, Private enterprises, Review tests, Rules, Sectors, Statutes (LRL 2) - work law, Statutory, 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,...

Assessing mental health: Context of constructive dismissal

by GilesFiles | May 4, 2022 | 2020 +, Appointed LC judges, Bill of Rights, Constructive, Courts, Declaratory, Dignity equality freedom, Dispute Resolution (LRL 3), EEA Chpt II ss 5-11, Employment Equity (LRL 12), Employment Equity Act 1998, Evidence and onus, Evidentiary burden, Finance, H Rabkin-Naicker, Holistic evaluation, Judges, Labour Court, Labour Court judges, Labour Relations, Labour Relations Act 1995, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, LRA Chpt: 8a: s185-197B Dismissals, Not awarded, Objective or correct, Orders, Orders re costs, Parties, Private enterprises, Review tests, Rules, Sectors, Statutes (LRL 2) - work law, Termination & dismissal (LRL 8), Topics, Valid reason and fair reason | 0 |

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Intolerable conduct or behaviour: Failure to complain

by GilesFiles | Apr 29, 2022 | 2020 +, Acting LC judges, Constructive, Courts, Declaratory, Dispute Resolution (LRL 3), EEA Chpt VI ss 53-65, Employment Equity (LRL 12), Employment Equity Act 1998, Evidence and onus, Judges, Labour Court, Labour Court judges, Labour Relations, Labour Relations Act 1995, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, LRA Chpt: 8a: s185-197B Dismissals, Not awarded, Objective or correct, Onus of proof, Orders, Orders re costs, Parties, Private enterprises, Review tests, Rules, Sectors, Statutes (LRL 2) - work law, Termination & dismissal (LRL 8), Topics, Trade | 0 |

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Binding collective agreement: Workplace or bargaining unit?

by GilesFiles | Apr 29, 2022 | 2020 +, André van Niekerk, Applications, Appointed LC judges, Courts, Declaratory, Dispute Resolution (LRL 3), Evidence and onus, Granted, Holistic evaluation, Interdicts and rule nisi, Interpretation and application, Judges, Labour Court, Labour Court judges, Labour Relations, Labour Relations Act 1995, Legal Practice, LRA Chpt: 4: s64-77 Strikes & lockouts, LRA Chpt: 7: s112-184 Dispute resolution, Mining, Not awarded, Orders, Orders re costs, Parties, Power plays (LRL 6), Private enterprises, Sectors, Statutes (LRL 2) - work law, Strike - unprotected, 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,...

Land occupation issues: ESTA and PIE distinguished

by GilesFiles | Apr 29, 2022 | 2020 +, Agriculture, Allowed, appeal, Appeals, Bill of Rights, Causes of action, Community housing schemes, Courts, Declaratory, Eviction/ejectment, Evidence and onus, Exceptions/special pleas, Hearsay, Interpretation and application, Judges, Landmark judgments, leave to appeal, Legal Practice, Legislation, Not awarded, Onus of proof, Orders, Orders re costs, Parties, Presumptions, Private enterprises, SCA judges, Sectors, Special pleas, Statutory, Supreme Court of Appeal, Topics | 0 |

Frannero Property Investments 202 (Pty) Ltd v Selapa In deciding occupation of land issues when are occupants covered by the Extension of Security of Tenure Act 62 of 1997 (ESTA)? “[24] Consistent with the basic common law...

Deemed dismissal requirements: Automatic reinstatement

by GilesFiles | Apr 8, 2022 | 2020 +, Applications, Appointed LC judges, Awarded, BM Whitcher, Causes of action, Courts, Declaratory, deeming provision, Dispute Resolution (LRL 3), Evidence and onus, Government, Granted, Interdicts and rule nisi, Interpretation and application, Judges, Labour Court, Labour Court judges, Labour Relations, Labour Relations Act 1995, Legal Practice, Legality principle, Legislation, LRA Chpt: 7: s112-184 Dispute resolution, LRA Chpt: 8a: s185-197B Dismissals, Orders, Orders re costs, Organs of state, Parties, Provincial, Review tests, Sectors, Specific performance, Statutes (LRL 2) - work law, Statutory, Termination & dismissal (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,...

Category: Evidence and onus