Evidence and onus Archives

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...

Copyrighting computer program: Disputed authorship

by GilesFiles | Apr 1, 2020 | 11 Agriculture hunting etc, 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 | abuse of process, 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, Vexatious Proceedings Act 1956, 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...

Commissioner misconduct considered: Reviewable ground?

by GilesFiles | Mar 13, 2020 | 2020, Acting LC judges, Arbiter misbehaving, Awards -s145, Condonation, Courts, Dispute Resolution (LRL 3), Evidence and onus, Government - municipal, Government - provincial, Government: Municipal, 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, Orders, Parties, Performance related, Plascon-Evans rule, Procedural issues, Review tests, Rules and practice manuals, Sectors, Sidumo - reasonableness, Statutes (LRL 2) - work law, 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,...

Fixed term expired: Dismissal not proved

by GilesFiles | Mar 4, 2020 | 2020, 88 Business activities - other, 99 Service activities other, appeal, Appeals, Appointed LAC judges, Courts, Dispute Resolution (LRL 3), Evidence and onus, Evidentiary burden, Fixed-term contracts, Granted, Hospitality, 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, Meaning of dismissal, Objective or correct, Onus of proof, Orders, Parties, Private enterprises, Proof required, Reasonable expectation, Review tests, Sectors, Statutes (LRL 2) - work law, 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,...

Grossly irregular award: Negligence serious

by GilesFiles | Mar 3, 2020 | 2020, 73 Transport air, 99 Service activities other, Appointed LC judges, Awards -s145, Courts, Dispute Resolution (LRL 3), Edwin Tlhotlhalemaje, Evidence and onus, Evidentiary burden, Factual disputes, Gross misconduct, Hearsay, Judges, Labour Court, Labour Court judges, Labour Relations, Labour Relations Act 1995, Law of Evidence Amendment Act 45 of 1988, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, LRA Chpt: 8a: s185-197B Dismissals, Onus of proof, Organs of state, Parties, Performance related, Review tests, Sectors, Sidumo - reasonableness, SOEs (State Owned Enterprises), 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,...

Protectable interests examined: Unrealistic threat?

by GilesFiles | Feb 24, 2020 | 2020, 62 Retail trade not vehicles, A.G. Binns-Ward, Applications, Bill of Rights, Cause: contractual breach, Clothing & textiles, Common Law, Competition, Courts, Declaratory, Evidence and onus, High Court, High Court judges, Insights, Interdicts and rule nisi, Judges, Jurisdiction and powers, Legal Practice, Markets in SA, Onus of proof, Orders, Parties, philosophy / economics, Plascon-Evans rule, Private enterprises, Protectable business interests, Public policy, Refused, Restraints and restrictions, Sectors, Topics, Urgency | 0 |

Truworths Ltd v de Bruyn Protectable interests examined and high court decided that while the skills and experience developed as a buyer while in the employ of Truworths will be of practical benefit to adidas under her new...

Rebutting deeming provision: LRA s198B(5) and novation

by GilesFiles | Feb 20, 2020 | 2020, 88 Business activities - other, 99 Service activities other, Appointed LC judges, Cause: statute, Common Law, Courts, Declaratory, Dismissal generally, Dispute Resolution (LRL 3), Evidence and onus, Factual disputes, H Rabkin-Naicker, Judges, Labour Court, Labour Court judges, Labour Relations, Labour Relations Act 1995, Legal Practice, LLAA 10/18, LRA Chpt: 7: s112-184 Dispute resolution, LRA Chpt: 9: s198-213 General provisions, LRAA 8/18, Meaning of dismissal, Objective or correct, Orders, Parties, Review tests, Sectors, Statutes (LRL 2) - work law, Termination & dismissal (LRL 8), 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,...

Compensation order confusing: Appeal struck off

by GilesFiles | Feb 20, 2020 | 2020, abuse of process, Acting LAC judges, Appeals, Automatically unfair - s187, Awards -s145, Compensation, Conduct or capacity, Courts, Discrimination (LRL 11), Dispute Resolution (LRL 3), EEA Chpt II ss 5-11, EEA Chpt V ss 34-52, Employment Equity Act 1998, Evidence and onus, F Kathree-Setiloane, Government - municipal, Government: Municipal, irregular proceeding, 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, New evidence, Objective or correct, Orders, Parties, Review tests, Rules and practice manuals, Sectors, Sidumo - reasonableness, Statutes (LRL 2) - work law, Struck off, 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,...

Counterclaim damages awarded: Unprotected strike

by GilesFiles | Jan 23, 2020 | 2020, 35 Manufacture of basic metals, Acting LC judges, Adverse inferences, Applications, BCEA 1997, BCEA 77(3) and 77A(e), Cause: contractual breach, Cause: delict, Cause: statute, Codes of good practice, Collective Bargaining (LRL 5), Common Law, Compensation, Courts, Declaratory, Dismissals see also Termination, Dispute Resolution (LRL 3), Evidence and onus, Interpretation and application, Judges, Jurisdiction and powers, Just and equitable relief, 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, LRA Chpt: 8a: s185-197B Dismissals, Orders, Orders re costs, Parties, Power plays (LRL 6), Sectors, Statement of claim, Statutes (LRL 2) - work law, Strike - unprotected, Strike related, Termination & dismissal (LRL 8), Topics, Trade unions, 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,...

Performance bonus reduced: Annual loss of R55 billion

by GilesFiles | Jan 20, 2020 | 74 Transport supporting auxiliary, 83 Financial intermediation auxiliary, 99 Service activities other, Applications, Benefits - 186(2)(a), Bonus-discretionary, CCMA awards, CCMA members, Courts, Declaratory, Dispute Resolution (LRL 3), EEA4 differentials s27, Employment equity, Evidence and onus, Exceptions/special pleas, Insights, Job evaluation, Judges, Jurisdiction and powers, Labour practices (LRL 9), Labour Relations, Labour Relations Act 1995, Legal Practice, Legislation, LRA Chpt: 7: s112-184 Dispute resolution, LRA Chpt: 8a: s189 and 189A see Termination, LRA Chpt: 8b: s185-186(2) Labour practices, Management, Onus of proof, Orders, Organs of state, Parties, Pay progression, performance based, Remuneration, Sectors, SOEs (State Owned Enterprises), Special pleas, Statutes (LRL 2) - work law, TASK, Topics, Trade unions, Value exchange | 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,...

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, Restraints and restrictions, 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,...

Category: Evidence and onus