Factual disputes Archives

Unduly formalistic approach: Gross irregularity

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

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, PA Myburgh, Plascon-Evans rule, Statutes (LRL 2) - work law, 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,...

Parol evidence rule: Invoked to enforce agreement

by GilesFiles | May 23, 2019 | 2019, Acting LC judges, BCEA 1997, Common Law, Courts, Dispute Resolution (LRL 3), Evidence and onus, Factual disputes, Judges, Labour Court, Labour Court judges, Labour Relations, Labour Relations Act 1995, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, parol evidence rule, Plascon-Evans rule, Sean Snyman, Statutes (LRL 2) - work law, 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,...

Resolving factual disputes: Motion and trial proceedings

by GilesFiles | Oct 5, 2018 | Common Law, Evidence and onus, Factual disputes, Insights, Interpretation and application, Legal Practice, Onus of proof, Plascon-Evans rule | 0 |

Factual disputes Resolving factual disputes in necessary in almost all legal proceedings but different approaches are adopted depending on the nature of the proceedings and whether actual evidence is adduced or whether the court...

Conflicting versions: Credibility and balancing probabilities

by GilesFiles | Mar 20, 2018 | 2018, Common Law, Dispute Resolution (LRL 3), Evidence and onus, Factual disputes, Government - provincial, Interpretation and application, Labour Appeal Court, Labour Relations, Legal Practice, P Tlaletsi, Public Service, Sectors, Sidumo - reasonableness, Termination (LRL 8) | 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,...

Hijacking of business: Restraint of trade agreement

by GilesFiles | Oct 18, 2017 | 2017, Common Law, Courts, Factual disputes, Judges, Labour Appeal Court, Legal Practice, Mining, Roland Sutherland | 0 |

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Dismissal reason invalid: Labour court’s misapprehension

by GilesFiles | May 18, 2017 | 2017, AA Landman, Factual disputes, Labour Appeal Court, Legal Practice, Objective | 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,...

Challenge myths bravely with hard facts

by GilesFiles | Dec 14, 2016 | Factual disputes, Legal Practice, Leon Louw, Philosophy and economics, Thought Leaders | 0 |

Despite mythical memes to the contrary, there has been a spectacular “rate of change” racially with declining poverty and inequality. Far from a “health crisis”, our rapidly rising life expectancy...

Evaluate probabilities rather than credibility

by GilesFiles | Nov 18, 2016 | 2016, Dispute Resolution (LRL 3), Factual disputes, Labour Court, Legal Practice, RGO Lagrange | 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,...

Factual disputes: Copyright not infringed

by GilesFiles | Sep 16, 2016 | 2016, Applications, Common Law, Courts, Evidence and onus, Factual disputes, Judges, Legal Practice, MJD Wallis, Plascon-Evans rule, Property, SCA judges, Sectors, Supreme Court of Appeal, Topics | 0 |

“[40] The argument for Media24 seems to me to fall into the trap of being misled by what has been referred to as similarity by excision. In IPC Media ([2004] EWHC 2985 (Ch); [2005] F.S.R. 20 at para 11) a case that in the way...

Unreasonable award: Absence of a factual plinth

by GilesFiles | May 26, 2016 | 2016, CJ Musi, Factual disputes, John Murphy, Labour Appeal Court, Legal Practice, Miscellaneous, Review tests | 1 |

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,...

Plascon-Evans rule: Factual disputes in motion proceedings

by GilesFiles | Feb 19, 2016 | 2013 and earlier, Courts, Deceased judges, Dispute Resolution (LRL 3), Evidence and onus, Factual disputes, Judges, Jurisdiction and powers, Labour Relations, Labour Relations Act 1995, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, M Corbett, Plascon-Evans rule, Statutes (LRL 2) - work law, Supreme Court of Appeal, Topics | 20 |

Essence Plascon-Evans rule and disputes of fact in motion proceedings Decision Plascon-Evans Paints (TVL) Ltd. v Van Riebeck Paints (Pty) Ltd.(53/84) [1984] ZASCA 51; [1984] 2 All SA 366 (A); 1984 (3) SA 623; 1984 (3) SA 620 (21...

Category: Factual disputes