Hearsay Archives

Refused strike interdict: Picketing rules disputed

by GilesFiles | Sep 11, 2024 | 2020 onwards, Applications, Bill of Rights, Causes and defences, Collective Bargain (LRL 5), Costs, Courts, Declaratory, Evidence & onus, Hearsay, Interdicts & rules, Interpretation etc, Judges, Jurisdiction & powers, Kelsey Allen-Yaman, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, LRA 1995, LRA 4: 64-77 Strikes, LRA 7: 112-184 Dispute, LRA D: 151-166 LC, Motor industry, Orders, Parties, Power plays (LRL 6), Private enterprises, Refused, Resolving disputes (LRL 3), Sectors, Selected judges, Statutes (LRL 2)-work, Statutory, Strike - protected, Strike s68 unprotected, Strikes - 64, Topics, Transport & communication | 0 |

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Automatically unfair dismissals: Trade union activities

by GilesFiles | Jul 29, 2024 | 2020 onwards, Automatic, Bill of Rights, Causes and defences, Collective Bargain (LRL 5), Costs, Courts, Declaratory, Evidence & onus, Hearsay, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, LRA 1995, LRA 2: 4-10 FOA, LRA 8a: 185-197B Dismissal, Mining, Orders, Parties, Private enterprises, Reinstatement, Resolving disputes (LRL 3), Reynaud Neil Daniels, Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics | 0 |

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Threatening fellow employees: Reliance on polygraph test?

by GilesFiles | Apr 23, 2024 | 2020 onwards, Appeals, Appeals - leave, Awards -s145 see also Sidumo, Causes and defences, Conduct & capability, Contractual breach, Costs, Courts, Disallowed, Evidence & onus, Gross misconduct, Hearsay, Interpretation etc, Judges, Jurisdiction & powers, Kate Savage, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, Legislation, LRA 1995, LRA 8a: 185-197B Dismissal, Manufacturing, Motor industry, Orders, Parties, Polygraph test, Private enterprises, Protect not punish, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, Selected judges, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics, Trust & confidence | 0 |

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Reinstating procurement officer: Invalid reason to dismiss

by GilesFiles | Mar 26, 2024 | 2020 onwards, Appeals, Appeals - leave, Awards -s145 see also Sidumo, Causes and defences, Costs, Courts, Declaratory, Disallowed, Evidence & onus, Hearsay, Interpretation etc, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, Lawfulness & fairness, Legal Practice, Legislation, Logistics, LRA 1995, LRA 8a: 185-197B Dismissal, Orders, Parties, Reinstatement, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, State Owned Enterprises, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics | 0 |

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Confession acceptable evidence: Made freely and voluntarily

by GilesFiles | Jan 18, 2024 | 2020 onwards, Appeals, Appeals - leave, Awards -s145 see also Sidumo, Causes and defences, Central, Conduct & capability, Contractual breach, Courts, Disallowed, Edwin Molahlehi, Evidence & onus, Government, Gross misconduct, Hearsay, Interpretation etc, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, Legislation, LRA 1995, LRA 8a: 185-197B Dismissal, Operational reasons, Orders, Parties, Personal services, Protect not punish, Resolving disputes (LRL 3), Review tests, Risks, Sectors, Selected judges, State organs, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics, Trust & confidence | 0 |

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Interpreting alleged misconduct: Charge sheet folly?

by GilesFiles | Oct 18, 2023 | 2020 onwards, Appeals, Appeals - leave, Awards -s145 see also Sidumo, Causes and defences, Conduct & capability, Construction industry, Contractual breach, Costs, Courts, Declaratory, Disallowed, Evidence & onus, Hearing procedure, Hearsay, Interpretation etc, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, LRA 1995, LRA 7: 112-184 Dispute, LRA 8a: 185-197B Dismissal, Orders, Parties, Pleadings, Private enterprises, Resolving disputes (LRL 3), Review tests, Sectors, Sidumo - see also awards s 145, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics | 0 |

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Dereliction of caring duties: Sick train assistant

by GilesFiles | Oct 13, 2023 | 2020 onwards, André van Niekerk, Awards -s145 see also Sidumo, Causes and defences, Central, Conduct & capability, Contractual breach, Costs, Courts, Declaratory, Government, Gross misconduct, Hearsay, Insubordination, Interpretation etc, Judges, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, LRA 1995, LRA 8a: 185-197B Dismissal, Orders, Parties, Poor performance, Resolving disputes (LRL 3), Review tests, Risks, Rules Codes & Manual, Sectors, Selected judges, Sidumo - see also awards s 145, State Owned Enterprises, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics, Trust & confidence | 0 |

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Admissible hearsay evidence: Failure to object

by GilesFiles | Jul 24, 2023 | 2020 onwards, Causes and defences, Conduct & capability, Contractual breach, Costs, Courts, Declaratory, Evidence & onus, Finance, GN Moshoana, Hearsay, Interpretation etc, Judges, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, LRA 1995, LRA 8a: 185-197B Dismissal, LRA Sch 8: GP Code, Objective - correctness, Orders, Parties, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, Selected judges, State Owned Enterprises, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics | 0 |

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Performance standards contravened: Hearsay evidence

by GilesFiles | Apr 17, 2023 | 2020 onwards, Awards -s145 see also Sidumo, Causes and defences, Conduct & capability, Courts, Declaratory, Hearsay, Insights, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, LRA 1995, LRA 7: 112-184 Dispute, LRA 8a: 185-197B Dismissal, LRA D: 151-166 LC, Management, Manufacturing, Orders, Parties, Polygraph test, Poor performance, Private enterprises, Resolving disputes (LRL 3), Review tests, RGO Lagrange, Risks, Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics, Trust & confidence | 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,...

Reliance on hearsay evidence: Fair hearing?

by GilesFiles | Jan 15, 2023 | 2020 onwards, Agriculture, Awards -s145 see also Sidumo, Causes and defences, Conduct & capability, Contractual breach, Costs, Courts, Declaratory, Evidence & onus, Gross misconduct, Hearing procedure, Hearsay, Insubordination, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, LRA 1995, LRA 7: 112-184 Dispute, LRA 8a: 185-197B Dismissal, LRA D: 151-166 LC, Manufacturing, Orders, Parties, Private enterprises, Resolving disputes (LRL 3), Review tests, Sectors, Sidumo - see also awards s 145, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics | 0 |

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Damages awarded unlawfully: Harassment & s 60 EEA

by GilesFiles | Nov 10, 2022 | 2020 onwards, Allowed, Appeals, Appeals - leave, Bill of Rights, Causes and defences, Conduct & capability, Costs, Courts, Declaratory, District, EEA Chpt II ss 5-11, EEA Chpt V ss 34-52, EEA Chpt VI 53-65, Employ Equity (LRL 12), Evidence & onus, Government, Gross misconduct, Harass & bully, Hearing procedure, Hearsay, Interpretation etc, Judges, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, Legislation, LRA 1995, LRA 7: 112-184 Dispute, Orders, Parties, Policies - all, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, State organs, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), 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,...

Land occupation issues: ESTA and PIE distinguished

by GilesFiles | Apr 29, 2022 | 2020 onwards, Agriculture, Allowed, Appeals, Appeals - leave, Bill of Rights, Causes and defences, Community schemes, Costs, Courts, Declaratory, Eviction/ejectment, Evidence & onus, Hearsay, Interpretation etc, Judges, Landmark judgments, leave to appeal, Legal Practice, Legislation, Orders, Parties, Private enterprises, SCA judges, Sectors, Special pleas, Statutory, Supreme Court of Appeal, Topics | 0 |

Frannero Property Investments 202 (Pty) Ltd v Selapa In deciding occupation of land issues when are occupants covered by the Extension of Security of Tenure Act 62 of 1997 (ESTA)? “[24] Consistent with the basic common law...

Category: Hearsay