Category: Onus of proof

Employment jurisdictional issues: Unfair labour practices

NPA v Psa obo Meintjies and 55 others Employment jurisdictional issues considered by the SCA and the majority judgment concluded that “the high court did not have jurisdiction to hear the matter. It had no power or...

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Contractual breach examined: Limited damages rule

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High intolerability threshold: Reinstatement primary remedy

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Incorrectly translated post: Unfair demotion practice

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Deeming employment provision: Objective review test

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Delaying contempt proceedings: No wilful default

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Medical certificate disputed: Absence without leave

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Failing to prove damages: Absolution from instance

Tradevest 041 (Pty) Ltd t/a Tradevest Logistics v Banzi Trade 40 CC Failing to prove damages meant that the high court found that the evidence was simply not of a satisfactory or persuasive standard and decided that the regional...

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Rescission application refused: No reasonable explanation

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Deliberate wilful misconduct: Duty to investigate?

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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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