Category: Adverse inferences

Distrusting polygraph test: No direct evidence

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Suspicious conduct insufficient: Dismissal and reinstatement?

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Counterclaim damages awarded: Unprotected strike

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Inferred blame accepted: Evidence supported reason

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Evidence: Fair adverse inference

Num obo Smith v Namakwa Sands, A Division of Exxaro Tsa Sands (Pty) Ltd (CA12/2013) [2014] ZALAC 57 (23 October 2014) per Tlaletsi DJP [Hlophe and Coppin AJJA concurring] Appeal disallowed with costs.  LAC summary: review of...

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