Evidence & onus Archives

Reviewing private awards: Applying correct review test

by GilesFiles | Nov 28, 2024 | 2020 onwards, Causes and defences, Conduct & capability, Connie Prinsloo, Costs, Courts, Declaratory, Evidence & onus, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, LRA 1995, Orders, Parties, Personal services, Private arbitration, Private enterprises, Resolving disputes (LRL 3), Review tests, Sectors, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics | 0 |

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Differentiation not arbitrary act: Harassment & unlisted ground?

by GilesFiles | Nov 22, 2024 | 2020 onwards, Absolution, Applications, Causes and defences, Courts, Declaratory, Discrimination (LRL 11), EEA 1998, EEA Chpt II ss 5-11, EEA Chpt VI 53-65, Employ Equity (LRL 12), Evidence & onus, Government, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, Orders, Parties, Provincial, Resolving disputes (LRL 3), Rules Codes & Manual, Sean Snyman, Sectors, State organs, Statutes (LRL 2)-work, Statutory, Topics, Words & phrases | 0 |

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Property rights considered: Majority & dissenting judgments

by GilesFiles | Nov 19, 2024 | 2020 onwards, 2020 onwards, Appeals, Appeals - leave, Bill of Rights, Causes and defences, ConCourt judges, Constitutional Court, Costs, Courts, Declaratory, Disallowed, Evidence & onus, Government, Interpretation etc, Judges, Jurisdiction & powers, Landmark judgments, leave to appeal, Legal Practice, Legality principle, Legislation, Local, OL Rogers, Orders, Parties, Sectors, State organs, Statutory, Topics | 0 |

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Accrued leave pay: Claim allowed s 73A BCEA

by GilesFiles | Nov 19, 2024 | 2020 onwards, Applications, BCEA 1997 (LRL 10), BCEA 77(3) & 77A(e), Causes and defences, Contractual breach, Costs, Courts, Declaratory, Evidence & onus, Government, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, LRA 1995, Orders, Parties, Provincial, Resolving disputes (LRL 3), RN Daniels, Rules Codes & Manual, Sectors, State organs, Statutes (LRL 2)-work, Statutory, Topics | 0 |

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Clean hands doctrine: Sectional title transfer

by GilesFiles | Nov 18, 2024 | 2020 onwards, AP - Body corporates & Homeowners, Applications, BC and HOAs, Causes and defences, Community schemes, Contractual breach, Costs, Courts, Declaratory, Evidence & onus, High Court, High Court judges, Insights, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, Legislation, Orders, Parties, Roman Dutch law, Sectors, Statutory, Topics | 0 |

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Providing appropriate redress: Inadequate compensation tendered

by GilesFiles | Nov 18, 2024 | 2020 onwards, Allowed, Appeals, BCEA 1997 (LRL 10), Causes and defences, Contractual breach, Courts, Declaratory, Evidence & onus, Interpretation etc, Judges, Jurisdiction & powers, Just and equitable, Labour Appeal Court, Labour Relations, LAC judges, Lawfulness & fairness, LC Rules, Legal Practice, Legislation, LRA 1995, LRA 8a: 185-197B Dismissal, LRA 8a: 189 and 189A see Termination, Micro enterprises, Objective - correctness, Operational reasons, Orders, Parties, Personal services, Private enterprises, Protect not punish, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics | 0 |

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TASK job evaluation: Competing evaluations?

by GilesFiles | Nov 15, 2024 | 2020 onwards, ABB - Fairness principle or concept, AF - Internal equity external parity, Allowed, AM - Labour Appeal Court, Appeals, Appeals - leave, Causes and defences, Contractual breach, Costs, Courts, Declaratory, Dennis Davis, District, EEA 1998, EEA 7 Factors, EEA Chpt II ss 5-11, Employ Equity (LRL 12), Evidence & onus, Government, Insights, Interpretation etc, Job evaluation and grading, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, Legislation, Management, Markets in SA, Objective - correctness, Orders, Parties, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, State organs, Statutes (LRL 2)-work, Statutory, Topics, Work Science Institute | 0 |

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Working Sundays considered: Disproportionate pay differentials?

by GilesFiles | Nov 12, 2024 | 2020 onwards, ABB - Fairness principle or concept, Appeals, Appeals - leave, Awards -s145 see also Sidumo, Bill of Rights, Causes and defences, Courts, Declaratory, Disallowed, Discrimination (LRL 11), EEA Chpt II ss 5-11, EEA Chpt III ss 12-27, EEA4 s27, EEA9 Levels s21, Employ Equity (LRL 12), Evidence & onus, Insights, Interpretation etc, Job evaluation and grading, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, Management, Objective - correctness, Orders, Organisations (LRL 4), Parties, Pay differentials, Private enterprises, Resolving disputes (LRL 3), Review tests, Sectors, Seven occupational levels, Statutes (LRL 2)-work, Statutory, Topics, Trade, Work Science Institute | 0 |

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Costs de bonis propriis: Order reversed on appeal

by GilesFiles | Nov 11, 2024 | 2020 onwards, Allowed, Appeals - leave, Applications, Causes and defences, Costs, Courts, Declaratory, Dennis Davis, Evidence & onus, General, Interpretation etc, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, LC Rules, Legal Practice, LRA 1995, LRA 7: 112-184 Dispute, LRA D: 151-166 LC, Manufacturing, Objective - correctness, Orders, Parties, Private enterprises, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, self-created urgency, Statutes (LRL 2)-work, Topics | 0 |

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Personal or substituted service: Leave granted

by GilesFiles | Nov 8, 2024 | 2020 onwards, Anton Myburgh, Applications, Causes and defences, Contempt, Courts, Declaratory, Evidence & onus, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, LC Rules, LCP Manual, Legal Practice, Legislation, LRA 1995, LRA 7: 112-184 Dispute, LRA D: 151-166 LC, New LC Rules, Orders, Parties, Personal services, Pleadings, Private enterprises, Resolving disputes (LRL 3), Rules Codes & Manual, Sectors, Selected judges, Statutes (LRL 2)-work, Statutory, staying proceedings, Topics, Uniform HC | 0 |

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Irregular expenditure liability: Municipal officials in personal capacity

by GilesFiles | Nov 8, 2024 | 2020 onwards, 2020 onwards, Allowed, Appeals, Appeals - leave, Causes and defences, Contractual breach, Costs, Courts, Declaratory, Evidence & onus, Government, Interpretation etc, Judges, Jurisdiction & powers, Landmark judgments, Legal Practice, Legislation, Municipal, Orders, Parties, SCA judges, Sectors, State organs, Statutory, Supreme Court of Appeal, Topics | 0 |

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Final warnings validity: Inconsistency examined

by GilesFiles | Nov 6, 2024 | 2020 onwards, Awards -s145 see also Sidumo, Causes and defences, Collective action, Conduct & capability, Contractual breach, Courts, Declaratory, Disciplinary action, Evidence & onus, Insubordination, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Lawfulness & fairness, Legal Practice, Legislation, LRA 1995, LRA 8a: 185-197B Dismissal, LRA Sch 8: GP Code, Manufacturing, Motor industry, MR Makhura, Orders, Parties, Private enterprises, Protect not punish, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, Sidumo - see also awards s 145, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics, Warnings | 0 |

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Category: Evidence & onus