Evidence and onus Archives

Case management directions: Postponement separation and discovery

by GilesFiles | Jul 31, 2020 | 2020, A.G. Binns-Ward, Amending pleadings, Applications, Banks, Cause: delict, Common Law, Courts, Evidence and onus, High Court, High Court judges, Judges, Legal Practice, Orders, Parties, Rules and practice manuals, Sectors, Topics | 0 |

Investec Bank Ltd v O’Shea NO High Court discussed case management directions and stressed that a ruling in terms of Uniform Rule 33(4) should be made by the judge and the legal representatives concerned only after very...

Expert evidence considered: Requirements and duties

by GilesFiles | Jul 31, 2020 | 2020, appeal, Appeals, Cause: delict, Common Law, Courts, Evidence and onus, Expert, Government - provincial, Interpretation and application, Judges, Legal Practice, MJD Wallis, Orders, Parties, Refused, Rules and practice manuals, SCA judges, Sectors, Supreme Court of Appeal, Topics, Uniform High Court | 0 |

A M v MEC Health, Western Cape Importantly the SCA has provided guidance and considered expert evidence and stressed that since 1963, when Rule 36(9) was changed, there have been changes in how lawyers prepare expert summaries...

Textbook evidence considered: Requirements not met

by GilesFiles | Jul 21, 2020 | 2020, appeal, Appeals, Bill of Rights, Cause: general, Common Law, ConCourt judges, Constitutional Court, Courts, erroneously granted, Evidence and onus, Evidentiary burden, Expert, Granted, Judges, Legal Practice, M Madlanga, New evidence, Onus of proof, Orders, Parties, Sectors, Topics | 0 |

Van der Walt v State Textbook evidence considered and decided that the applicant was ambushed by the late pronouncement on the admissibility of exhibits and rejected the argument that the evidence elicited through...

Subpoena duces tecum: Derived from LRA s142(1)(b)

by GilesFiles | Jul 15, 2020 | 2020, Acting LAC judges, appeal, Appeals, Bargaining councils, Courts, Declaratory, Dispute Resolution (LRL 3), Evidence and onus, Exceptions/special pleas, Judges, Kate Savage, Labour Appeal Court, Labour Relations, Labour Relations Act 1995, LAC judges, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, Objective or correct, Orders, Parties, Protection of Personal Information, Refused, Review tests, Rules and practice manuals, Sectors, Special pleas, Statutes (LRL 2) - work law, Topics, Totality | 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,...

Unprotected strikers dismissed: Valid and fair reason

by GilesFiles | May 22, 2020 | 2020, appeal, Appeals, Appointed LAC judges, Courts, Dispute Resolution (LRL 3), Evidence and onus, Evidentiary burden, Government - municipal, Government: Municipal, Granted, Holistic evaluation, Judges, Labour Appeal Court, Labour Relations, Labour Relations Act 1995, LAC judges, Legal Practice, LRA Chpt: 4: s64-77 Strikes & lockouts, LRA Chpt: 7: s112-184 Dispute resolution, LRA Chpt: 8a: s185-197B Dismissals, Orders, P Coppin, Parties, Sectors, Statutes (LRL 2) - work law, Strike related, 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,...

Safety rules breached: Lawful instruction disobeyed

by GilesFiles | May 18, 2020 | 2020, appeal, Appeals, Appointed LAC judges, Awards -s145, Clear and convincing, Conduct or capacity, Courts, Dennis Davis, Dispute Resolution (LRL 3), Evidence and onus, Granted, Gross misconduct, Judges, Labour Appeal Court, Labour Relations, Labour Relations Act 1995, LAC judges, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, LRA Chpt: 8a: s185-197B Dismissals, Orders, Parties, Performance related, Private enterprises, Review tests, Sectors, Statutes (LRL 2) - work law, Termination & dismissal (LRL 8), Topics, Valid reason and fair reason | 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,...

Third party misconduct: Excluded from discrimination claim

by GilesFiles | May 18, 2020 | 2020, Appeals, Appointed LAC judges, Courts, Dennis Davis, Discrimination (LRL 11), Dispute Resolution (LRL 3), EEA Chpt II ss 5-11, Employment Equity (LRL 12), Evidence and onus, Evidentiary burden, Judges, Labour Appeal Court, Labour Relations, Labour Relations Act 1995, LAC judges, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, Onus of proof, Parties, 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,...

Misappropriating company property: Abusing managerial powers

by GilesFiles | May 18, 2020 | 2020, appeal, Appeals, Appointed LAC judges, Awards -s145, Clear and convincing, Courts, Dispute Resolution (LRL 3), Evidence and onus, Granted, Gross misconduct, Interpretation and application, Judges, Labour Appeal Court, Labour Relations, Labour Relations Act 1995, LAC judges, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, LRA Chpt: 8a: s185-197B Dismissals, Misconduct generally, Orders, Parties, Private enterprises, Proof required, Review tests, Roland Sutherland, Sectors, Statutes (LRL 2) - work law, Termination & dismissal (LRL 8), Topics, Totality, Valid reason and fair reason | 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,...

CCMA access directive: Effective 11 May 2020

by GilesFiles | May 11, 2020 | CCMA rules, Covid-19 issues, Evidence and onus, Insights, Jurisdiction and powers, Legal Practice, Rules and practice manuals | 0 |

URGENT DIRECTIVE IN RESPECT OF ACCESS TO CCMA The following Directives will apply with effect from 11 May 2020 until CCMA operations may be normalized and the restrictions set out in the Regulations issued in terms of section...

Wage disparity alleged: Narrow compass interpretation?

by GilesFiles | May 7, 2020 | 111 of 1958, 2020, Appeals, Appointed LAC judges, Courts, Discrimination (LRL 11), Dispute Resolution (LRL 3), EEA Chpt II ss 5-11, EEA4 differentials s27, EEA9 Levels s21, Employment equity, Employment Equity (LRL 12), Employment Equity Act 1998, Equal pay & value, Evidence and onus, Evidentiary burden, Exceptions/special pleas, ILO Conventions, Insights, Interpretation and application, Job evaluation, Judges, Jurisdiction and powers, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, Onus of proof, Orders, Organs of state, Parties, Refused, Roland Sutherland, Sectors, Special pleas, Statutes (LRL 2) - work law, Topics, Work Science Institute | 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,...

Copyrighting computer program: Disputed authorship

by GilesFiles | Apr 1, 2020 | 2020, Agriculture, Appeals, Associations, Cause: statute, Common Law, Competition, Courts, Evidence and onus, Judges, Legal Practice, Legislation, MS Navsa, Onus of proof, Parties, SCA judges, Sectors, Supreme Court of Appeal, Topics | 0 |

Bergh v Agricultural Research Council Copyrighting computer program and decided that the provision of ‘functional requirements and a periodic review of progress being made in the development of the program and testing it...

Restoring land rights: Community not proved

by GilesFiles | Mar 16, 2020 | Agriculture, Applications, Biowatch principle, Courts, Declaratory, Evidence and onus, Exceptions/special pleas, Expert, Government - central, Judges, Jurisdiction and powers, Land Claims Court, Land Claims Court Judges, Legal Practice, Legislation, Orders, Orders re costs, Parties, Private enterprises, punitive costs, Rules and practice manuals, Sectors, Special pleas, Topics, YS Meer | 0 |

Luhlwini Mchunu Community v Hancock Restoring land rights confined by law to persons who are a community or part of a community dispossessed of a right in land after 19 June 1913 as a result of past racially discriminatory laws...

Category: Evidence and onus