Category: Onus of proof

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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Third party misconduct: Excluded from discrimination claim

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Wage disparity alleged: Narrow compass interpretation?

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Copyrighting computer program: Disputed authorship

Bergh v Agricultural Research Council Copyrighting computer program and decided that the provision of ‘functional requirements and a periodic review of progress being made in the development of the program and testing it...

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Fixed term expired: Dismissal not proved

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Grossly irregular award: Negligence serious

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Protectable interests examined: Unrealistic threat?

Truworths Ltd v de Bruyn Protectable interests examined and high court decided that while the skills and experience developed as a buyer while in the employ of Truworths will be of practical benefit to adidas under her new...

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Performance bonus reduced: Annual loss of R55 billion

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Mutually destructive versions: Inference and credibility

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Rational pay differential: Longer service really?

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Balancing constitutional rights: Dignity and expression

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Unduly formalistic approach: Gross irregularity

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