Category: Factual disputes

Defining financial product: Identify before determination

by GilesFiles | Apr 30, 2021 | 2020 +, appeal, Appeals, Cause: general, Common Law, Common law review, Courts, Declaratory, Evidence and onus, Exceptions/special pleas, Factual disputes, Finance, Granted, Interpretation and application, Judges, leave to appeal, Legal Practice, Legislation, Orders, Parties, Personal services, Review tests, SCA judges, Sectors, Special pleas, Supreme Court of Appeal, Topics | 0 |

Impact Financial Consultants CC v Bam NO (Ombud) In defining the nature of a financial product the SCA stated that the Ombud’s approach to the application of common law principles in the determination of a complaint and...

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Athlete spectator collision: Keep proper lookout

by GilesFiles | Mar 19, 2021 | 2020 +, Associations, Cause: delict, Common Law, Courts, Declaratory, Evidence and onus, Factual disputes, High Court, High Court judges, Judges, Legal Practice, Orders, Parties, Private enterprises, Statement of claim, Third party notices, Topics | 0 |

Salie v Western Province Athletics In resolving a claim by a spectator against an athlete involving a collision during a race the high court decided that knowing that a race was underway it could reasonably have been anticipated...

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Badenhorst rule applied: Sale and service agreement

by GilesFiles | Feb 19, 2021 | 2020 +, A.G. Binns-Ward, Applications, Cause: general, Common Law, Courts, Declaratory, Evidence and onus, Evidentiary burden, Factual disputes, High Court, High Court judges, Judges, Jurisdiction and powers, Legal Practice, Orders, Topics | 0 |

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

by GilesFiles | Feb 3, 2021 | 2020 +, Adverse inferences, Appointed LC judges, Cautionary rule, Circumstantial, Conduct or capacity, Corroboration, Courts, Derivative, Dispute Resolution (LRL 3), Edwin Tlhotlhalemaje, Evidence and onus, Evidentiary burden, Factual disputes, Invalid or unfair reason, Judges, Labour Court, Labour Court judges, Labour Relations, Labour Relations Act 1995, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, LRA Chpt: 8a: s185-197B Dismissals, Mining, Objective or correct, Onus of proof, Parties, Private enterprises, Procedural issues, Proof required, Review tests, Sectors, Sidumo - reasonableness, Statutes (LRL 2) - work law, Termination & dismissal (LRL 8), Thresholds, Topics | 0 |

For subscribers only Whilst some judgment summaries are available to all, this judgment summary is reserved for subscribers only. If you are already a subscriber, you can login to see this judgment summary. If you cannot login,...

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Arbitration award binding: Right to be wrong

by GilesFiles | Dec 2, 2020 | 2020 +, Agriculture, Applications, Cause: general, Common Law, Courts, Declaratory, Evidence and onus, Exceptions/special pleas, Factual disputes, High Court, High Court judges, issue estoppel, Judges, Legal Practice, Legislation, OL Rogers, Orders, Parties, Private arbitration, Private enterprises, Review tests, Sectors, Topics | 0 |

For subscribers only Whilst some judgment summaries are available to all, this judgment summary is reserved for subscribers only. If you are already a subscriber, you can login to see this judgment summary. If you cannot login,...

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Enforcing restraint provisions: Document not signed

by GilesFiles | May 18, 2020 | 2020 +, appeal, Appeals, Applications, Appointed LAC judges, BCEA 1997, BCEA 77(3) and 77A(e), Cause: contractual breach, Common Law, Courts, Dennis Davis, Evidence and onus, Exceptions/special pleas, Factual disputes, Interdicts and rule nisi, Interpretation and application, Judges, Jurisdiction and powers, Labour Appeal Court, LAC judges, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, Orders, Parties, Plascon-Evans rule, Refused, Refused, Sectors, Special pleas, Topics | 0 |

For subscribers only Whilst some judgment summaries are available to all, this judgment summary is reserved for subscribers only. If you are already a subscriber, you can login to see this judgment summary. If you cannot login,...

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Grossly irregular award: Negligence serious

by GilesFiles | Mar 3, 2020 | 2020 +, Appointed LC judges, Awards -s145, Courts, Dispute Resolution (LRL 3), Edwin Tlhotlhalemaje, Evidence and onus, Evidentiary burden, Factual disputes, Gross misconduct, Hearsay, Judges, Labour Court, Labour Court judges, Labour Relations, Labour Relations Act 1995, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, LRA Chpt: 8a: s185-197B Dismissals, Onus of proof, Organs of state, Parties, Performance related, Review tests, Sectors, Sidumo - reasonableness, SOEs (State Owned Enterprises), Statutes (LRL 2) - work law, Termination & dismissal (LRL 8), Topics, Totality, Valid reason and fair reason | 0 |

For subscribers only Whilst some judgment summaries are available to all, this judgment summary is reserved for subscribers only. If you are already a subscriber, you can login to see this judgment summary. If you cannot login,...

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Rebutting deeming provision: LRA s198B(5) and novation

by GilesFiles | Feb 20, 2020 | 2020 +, Appointed LC judges, Cause: statute, Common Law, Courts, Declaratory, Dismissal generally, Dispute Resolution (LRL 3), Evidence and onus, Factual disputes, Judges, Labour Court, Labour Court judges, Labour Relations, Labour Relations Act 1995, Legal Practice, LLAA 10/18, LRA Chpt: 7: s112-184 Dispute resolution, LRA Chpt: 9: s198-213 General provisions, LRAA 8/18, Meaning of dismissal, Objective or correct, Orders, Parties, Review tests, Sectors, Statutes (LRL 2) - work law, Termination & dismissal (LRL 8), Topics, Trade unions | 0 |

For subscribers only Whilst some judgment summaries are available to all, this judgment summary is reserved for subscribers only. If you are already a subscriber, you can login to see this judgment summary. If you cannot login,...

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Mutually destructive versions: Inference and credibility

by GilesFiles | Dec 18, 2019 | 2019, Acting LC judges, Awards -s145, Courts, Dispute Resolution (LRL 3), Evidence and onus, Factual disputes, Judges, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Onus of proof, Parties, Private enterprises, Review tests, Sectors, Sidumo - reasonableness, Termination & dismissal (LRL 8), Topics, Valid reason and fair reason | 0 |

For subscribers only Whilst some judgment summaries are available to all, this judgment summary is reserved for subscribers only. If you are already a subscriber, you can login to see this judgment summary. If you cannot login,...

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Alcohol consumption detected: Fairness principles applied

by GilesFiles | Dec 11, 2019 | 2019, appeal, Appeals, Appointed LAC judges, B Waglay, Clear and convincing, Conduct or capacity, Courts, Dispute Resolution (LRL 3), Evidence and onus, Evidentiary burden, Factual disputes, Granted, Gross misconduct, Holistic evaluation, Judges, Jurisdiction and powers, Labour Appeal Court, Labour Relations, Labour Relations Act 1995, LAC judges, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, LRA Chpt: 8a: s185-197B Dismissals, Manufacturing, Non-alcoholic, Orders, Parties, Private enterprises, Procedural issues, Sectors, Statutes (LRL 2) - work law, Termination & dismissal (LRL 8), Topics, Totality | 0 |

For subscribers only Whilst some judgment summaries are available to all, this judgment summary is reserved for subscribers only. If you are already a subscriber, you can login to see this judgment summary. If you cannot login,...

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Unduly formalistic approach: Gross irregularity

by GilesFiles | Nov 5, 2019 | 2019, appeal, Appointed LAC judges, Awards -s145, Central, Condonation, Courts, Dispute Resolution (LRL 3), erroneously granted, Evidence and onus, Evidentiary burden, Factual disputes, Granted, Granted, Gross misconduct, Judges, Jurisdiction and powers, Labour Appeal Court, Labour Relations, Labour Relations Act 1995, LAC judges, LC Practice Manual, LC Rules, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, LRA Chpt: 8a: s185-197B Dismissals, Onus of proof, Orders, Orders re costs, Parties, Reinstatement, Review tests, Rules and practice manuals, Sectors, Sidumo - reasonableness, Statutes (LRL 2) - work law, Termination & dismissal (LRL 8), Topics, Valid reason and fair reason, Zungu doctrine | 0 |

For subscribers only Whilst some judgment summaries are available to all, this judgment summary is reserved for subscribers only. If you are already a subscriber, you can login to see this judgment summary. If you cannot login,...

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Plascon-Evans restated: Resolving factual disputes

by GilesFiles | Sep 13, 2019 | 2019, Common Law, Courts, Dispute Resolution (LRL 3), Edwin Cameron, Evidence and onus, Factual disputes, High Court, High Court judges, Judges, Labour Relations, Legal Practice, Plascon-Evans rule, Statutes (LRL 2) - work law, Topics | 0 |

Rota Investments CC v Swarts Plascon-Evans restated in the words of recently retired Justice Edwin Cameron in 2003, whilst still a judge of appeal in the Supreme Court of Appeal and before being elevated to the Constitutional...

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