Category: Evidentiary burden

Shortlisting employment applicants: Unfair labour practice

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Unreasonable renewal expectation: Employer’s appeal upheld

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Publishing defamatory statements: Unlawfulness?

Malema v Rawula In considering publishing defamatory statements the SCA disallowed the appeal from the high court and confirmed that an interdict must always be directed at future conduct and if there is no risk of future...

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Publishing defamatory statements: Truth and public interest

Malema v Rawula In considering publishing defamatory statements the SCA disallowed the appeal from the high court and confirmed that an interdict must always be directed at future conduct and if there is no risk of future...

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Harassment claim rejected: Evidential onus considered

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Post-retirement benefits: Discretionary policy or practice

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Social origin differentiation: Objective assessment

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Defamatory statements penalised: Lawyer protected

Katz v Welz (Chaucer Publications) Defamatory statements made and published concerning a prominent attorney penalised in an action for damages which is one that seeks to protect the personal rights of persons, including the...

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Incorporating claim statement: Prospects when failure?

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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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