Evidence & onus Archives

Establishing legal causation: Factual but not legal test met?

by GilesFiles | Aug 25, 2026 | 2020 onwards, AUD, Awards -s145 see also Sidumo, Cause of action defined, Causes and defences, Conduct unbecoming, Contractual breach, Costs, Costs not awarded, Courts, Declaratory, erroneously sought, Evidence & onus, Fair procedure, Incompatibility, Insolence and disrespect, Insubordination and defiance, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Relations, Legal Practice, Legislation, Logistics, LRA 08a: 185-197B Dismissal, LRA 1995, Minute: pre-trial or arb, Orders, Parties, Private enterprises, Protect not punish, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, Statutory, TC Gandidze, Termination (LRL 8), Topics, Trust & confidence, Zero tolerance | 0 |

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Fraudulent contractual breach: Senior university manager

by GilesFiles | Aug 21, 2026 | 2020 onwards, Applications, BCEA 1997 (LRL 10), BCEA 77(3) & 77A(e), Causes and defences, Compensation or damages, Contractual breach, Costs, Costs awarded, Courts, Damages, Evidence & onus, Granted, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, Orders, Parties, Personal services, Resolving disputes (LRL 3), RN Daniels, Sectors, Selected judges, Statutes (LRL 2)-work, Statutory, Topics, Universities and schools | 0 |

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Geographical location discrimination: Award wrong in law

by GilesFiles | Aug 11, 2026 | 2020 onwards, Applications, BCEA 1997 (LRL 10), Bill of Rights, Cause of action defined, Causes and defences, Central, Costs, Costs not awarded, Courts, Declaratory, Differentiation not discrimination, Discrimination (LRL 11), EEA Chpt II ss 5-11, Employ Equity (LRL 12), erroneously sought, Evidence & onus, Government, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legality principle, Legislation, Orders, Parties, Refused, Resolving disputes (LRL 3), Review tests, Sectors, State Owned Enterprises, Statutes (LRL 2)-work, Statutory, Topics | 0 |

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Absence of trust breakdown: Negligence not gross

by GilesFiles | Aug 11, 2026 | 2020 onwards, Awards -s145 see also Sidumo, Balancing interests, Causes and defences, Central, Conduct & capacity, Contractual breach, Costs, Costs not awarded, Courts, Declaratory, Disciplinary issues, Evidence & onus, Government, Interpretation etc, Judges, Jurisdiction & powers, Just and equitable relief, Labour Court, Labour Court judges, Labour Relations, Lawfulness & fairness, Legal Practice, Legislation, LRA 08a: 185-197B Dismissal, LRA 1995, MR Makhura, Orders, Parties, Progressive, Protect not punish, Reinstatement, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, State organs, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics, Trust & confidence, Unlawful and void, Warnings | 0 |

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Public impeachment hearings: Dignity and reputation?

by GilesFiles | Jul 24, 2026 | 2020 onwards, 2020 onwards, Applications, Bill of Rights, Causes and defences, Central, Costs, Costs not awarded, Courts, Declaratory, Dennis Davis, Dignity equality freedom, Evidence & onus, Government, granted, Granted, Granted, High Court, High Court judges, Interdicts & rules, Interpretation etc, Judges, Jurisdiction & powers, Landmark judgments, Legal Practice, Legality principle, Legislation, Orders, Parties, Retired judges, Review tests, Roman Dutch law, Rule nisi, Sectors, State organs, Statutory, staying proceedings, Topics | 0 |

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Statements on WhatsApp group: Defamatory or not?

by GilesFiles | Jul 21, 2026 | 2020 onwards, Applications, Cause of action defined, Causes and defences, Costs, Costs not awarded, Courts, Declaratory, Delict, Evidence & onus, Exceptions/special pleas, Granted, High Court, High Court judges, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, Legislation, Mining, Orders, Parties, Private enterprises, Sectors, Topics | 0 |

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Relying on numerical targets: Irrational unfair decision

by GilesFiles | Jun 22, 2026 | 2020 onwards, Awards -s145 see also Sidumo, Bill of Rights, BM Whitcher, Causes and defences, Central, Compensation or damages, Costs, Costs awarded, Courts, Damages, Declaratory, Direct and indirect discrimination, Evidence & onus, Government, Granted, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legality principle, Legislation, LRA 08b: 185-186(2) Practices, LRA 1995, Orders, Parties, Promotion or demotion, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, State organs, Statutes (LRL 2)-work, Statutory, Topics | 0 |

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Restoring occupiers to land: Deliver permanent housing?

by GilesFiles | Jun 14, 2026 | 2020 onwards, Applications, Causes and defences, Contempt, Costs, Costs awarded, Courts, Declaratory, Delict, Eviction/ejectment, Granted, Hearsay, High Court, High Court judges, Interdicts & rules, Interim relief, Interpretation etc, Judges, Jurisdiction & powers, Just and equitable relief, Legal Practice, Legislation, Metro, Orders, Parties, Resolving disputes (LRL 3), SDJ Wilson, Sectors, State organs, Statutes (LRL 2)-work, Statutory, Topics, Urgency | 0 |

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Reinstating lapsed review: Condoning late application?

by GilesFiles | Jun 12, 2026 | 2020 onwards, Applications, Causes and defences, Common law, Condonation, Costs, Costs punitive, Courts, Declaratory, Evidence & onus, Exceptions/special pleas, HC Uniform, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, LC Rules-old, Legal Practice, Legislation, Logistics, LRA 08a: 185-197B Dismissal, LRA 1995, Orders, Parties, Private enterprises, Refused, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, self-created urgency, Special pleas, Statutes (LRL 2)-work, Statutory, Topics, Trade | 0 |

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Absence of gross negligence: Dismissal disproportionate

by GilesFiles | May 12, 2026 | 2020 onwards, Awards -s145 see also Sidumo, Causes and defences, Codes, Conduct & capacity, Conduct unbecoming, Costs, Costs not awarded, Courts, Declaratory, Disciplinary issues, Evidence & onus, Granted, Interpretation etc, Judges, Jurisdiction & powers, K Allen-Yaman, Labour Court, Labour Court judges, Labour Relations, Lawfulness & fairness, Legal Practice, Legislation, LRA 08a: 185-197B Dismissal, LRA 1995, LRA Sch 8: GP Code, Orders, Parties, Performance, Private enterprises, Progressive, Protect not punish, Reinstatement, Resolving disputes (LRL 3), Review tests, Sectors, Specific performance, Statutes (LRL 2)-work, Statutory, Substance, Termination (LRL 8), Topics, Trade, Trust & confidence, Unlawful and void | 0 |

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Invalid discriminatory grounds: Arbitrary ground of exploitation?

by GilesFiles | Apr 16, 2026 | 2020 onwards, Absolution, Applications, Cause of action defined, Causes and defences, Central, Common law, Costs, Costs not awarded, Courts, Differentiation not discrimination, Discrimination (LRL 11), EEA 1998, EEA Chpt II ss 5-11, Employ Equity (LRL 12), Evidence & onus, Government, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legality principle, Legislation, Orders, Parties, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, State organs, Statutes (LRL 2)-work, Statutory, TC Gandidze, Topics | 0 |

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High court jurisdiction: Sec 82(1) of MHSA

by GilesFiles | Mar 27, 2026 | 2020 onwards, Appeals - leave, Bill of Rights, Cause of action defined, Causes and defences, Common law, Costs, Costs awarded, Courts, Declaratory, Disallowed, erroneously sought, Evidence & onus, Interpretation etc, Judges, Jurisdiction & powers, Labour Relations, Legal Practice, Legislation, LRA 07: 112-184 Dispute, LRA 1995, Mining, Orders, Parties, Private enterprises, Resolving disputes (LRL 3), Review tests, SCA judges, Sectors, Statutes (LRL 2)-work, Statutory, Supreme Court of Appeal, Topics | 0 |

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Category: Evidence & onus