Category: Evidentiary burden

Impugning human dignity: Discrimination or differentiation

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Badenhorst rule applied: Sale and service agreement

New Approach Trading 73 CC v Precision Rigging Pty Ltd High court applied ‘Badenhorst rule’ and cited with approval the approach in the given circumstances as described by Corbett JA in Kalil v Decotex (Pty) Ltd and...

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Distrusting polygraph test: No direct evidence

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Bargaining council chairperson: No defence to defamation

Featherby v Zulu High court held that when defendant stated that the bargaining council chairperson was ‘going out of his way to protect the dishonest’ and that he resents those who do their work with honesty and integrity he...

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Court contempt considered: Onus not discharged

Ndabeni v OR Tambo District Municipality SCA considered contempt of court and decided that respondents had not provided any explanation for the failure to apply resolution 10/11 to the appellant and this grave omission left a...

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Alleged corruption discovery: PAIA confidential and sensitive

Panday v University of KwaZulu-Natal Applicant was characterised as a ‘busybody’ seeking information of alleged corruption but the high court decided that he was entitled to bring the application to vindicate his rights of...

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Gender discrimination considered: Female comparator

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Automatic termination provision: Disguised conduct dismissal

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Textbook evidence considered: Requirements not met

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...

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Mental health illness: Depression and discrimination

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Unprotected strikers dismissed: Valid and fair reason

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Third party misconduct: Excluded from discrimination claim

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