Evidential burden Archives

Proving gross negligence: No acceptable evidence

by GilesFiles | Nov 27, 2025 | 2020 onwards, Awards -s145 see also Sidumo, Causes and defences, Conduct - gross, Conduct & capacity, Contractual breach, Costs not awarded, Courts, Declaratory, Disputes: right or interest, Evidence & onus, Interpretation etc, Judges, Jurisdiction & powers, Just and equitable relief, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, LRA 08a: 185-197B Dismissal, LRA 193, LRA 194, LRA 1995, Orders, Parties, Private enterprises, Protect not punish, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, Statutory, TC Gandidze, Termination (LRL 8), Topics, Trade, Unlawful and void | 0 |

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Proving harassment or discrimination: Onus not discharged

by GilesFiles | Nov 8, 2024 | 2020 onwards, Anton Piller, Bill of Rights, Causes and defences, Central, Courts, Declaratory, EEA Chpt II ss 5-11, Employ Equity (LRL 12), Evidence & onus, Government, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, LC Rules-old, Legal Practice, Legislation, MZN Lallie, Orders, Parties, Resolving disputes (LRL 3), Rules Codes & Manual, Sectors, State organs, Statutory, Topics, Vicarious liability | 0 |

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Race discrimination confirmed: 24 months compensation awarded

by GilesFiles | Sep 2, 2024 | 2020 onwards, Applications, AUD, Bill of Rights, Causes and defences, Compensation or damages, Costs, Courts, Declaratory, Discrimination (LRL 11), Evidence & onus, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, LRA 08a: 185-197B Dismissal, LRA 193, LRA 1995, Orders, Parties, Private enterprises, Reinstatement, Resolving disputes (LRL 3), RN Daniels, Sectors, Selected judges, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics, Trade | 0 |

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Substantially fair terminations: Bumping and selection criteria

by GilesFiles | May 27, 2024 | 2020 onwards, 64 Lockout, André van Niekerk, Appeals, Appeals - leave, Bumping, Causes and defences, Courts, Declaratory, Disallowed, Interpretation etc, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, Legislation, LRA 04: 64-69 Power plays (LRL 6), LRA 08a: 185-197B Dismissal, LRA 08a: 189 and 189A see Termination, LRA 1995, Manufacturing, Operational reasons, Orders, Parties, Private enterprises, Restructuring, Rules Codes & Manual, Sectors, Selected judges, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics, Trade | 0 |

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Eviction requirements restated: PIE evidential burden

by GilesFiles | Jan 10, 2023 | 2020 onwards, 2020 onwards, Applications, Associations/corporates, Bill of Rights, Causes and defences, Community schemes, Costs, Courts, Dignity equality freedom, Eviction/ejectment, Evidence & onus, High Court, High Court judges, Interdicts & rules, Interpretation etc, Judges, Jurisdiction & powers, Landmark judgments, Legal Practice, Orders, Parties, Refused, Rules Codes & Manual, SDJ Wilson, Sectors, Statutory, Topics | 0 |

Madulammoho HA NPC vs N What are the legal requirements that need to be met before an eviction order can be granted by a court? “8 The principles of justice and equity are, first, that the applicant for an eviction order...

Adducing false evidence: Absence of record?

by GilesFiles | Nov 29, 2022 | 2020 onwards, Appeals, Causes and defences, Conduct & capacity, Costs, Courts, Evidence & onus, Fair procedure, Judges, Labour Appeal Court, Labour Relations, LAC judges, Lawfulness & fairness, Legal Practice, Logistics, LRA 07: 112-184 Dispute, LRA 08a: 185-197B Dismissal, LRA 1995, LRA D: 151-166 LC, Motor industry, Orders, Parties, Private enterprises, Review tests, Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics, Transport & communication | 0 |

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Pleadings vital function: Assumption of risk

by GilesFiles | Nov 17, 2022 | 2020 onwards, Applications, Causes and defences, Costs awarded, Courts, Declaratory, Delict, Disputes: factual, Evidence & onus, Exceptions/special pleas, Government, High Court, High Court judges, Judges, Legal Practice, Legislation, Orders, Parties, Provincial, Risks, Roman Dutch law, Rules Codes & Manual, Sectors, Special pleas, State organs, Topics | 0 |

L v Minister of Police Pleadings perform a vital function but when does a pleading of law provide a factual basis to alert opposing party to case it has to meet? “[73] This in turn led to the plaintiff relying on what...

Precautionary suspensions void: Union office bearers

by GilesFiles | Nov 15, 2022 | 2020 onwards, Applications, Causes and defences, Contractual breach, Costs awarded, Courts, Declaratory, Evidence & onus, Exceptions/special pleas, High Court, High Court judges, Interdicts & rules, Interpretation etc, Judges, Jurisdiction & powers, Labour Relations, Legal Practice, Logistics, Orders, Parties, Review tests, Sectors, Special pleas, Suspensions, Topics, Trade unions, Transport & communication, Urgency | 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 - gross, Conduct & capacity, Costs, Costs not awarded, 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, Fair procedure, Government, Harass & bully, Hearsay, Interpretation etc, Judges, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, Legislation, LRA 07: 112-184 Dispute, LRA 1995, Orders, Parties, Policies - all, Review tests, Rules Codes & Manual, Sectors, State organs, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics | 0 |

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Expired incentive bonus: Process remedy granted

by GilesFiles | Oct 25, 2022 | 2020 onwards, Causes and defences, Contractual breach, Costs, Costs not awarded, Courts, Declaratory, Delict, Evidence & onus, Exceptions/special pleas, General, Insights, Interpretation etc, Joinder, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legality principle, Logistics, LRA 07: 112-184 Dispute, LRA 08b: 185-186(2) Practices, LRA 1995, Management, Minute: pre-trial or arb, Objective - correctness, Orders, Parties, Performance, Practices (LRL 9), Private enterprises, Review tests, RGO Lagrange, Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, Statutory, Topics, Transport & communication | 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,...

Claiming arrear levies: Comply fully with rules

by GilesFiles | Sep 21, 2022 | 2020 onwards, Applications, BC and HOAs, Bill of Rights, Causes and defences, Community schemes, Contractual breach, Costs, Costs not awarded, Courts, Declaratory, Evidence & onus, ex parte, High Court, High Court judges, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, Legislation, Orders, Parties, Refused, SDJ Wilson, Sectors, Statutory, Topics | 0 |

Lion Ridge Body Corporate v A and others In applying to high court claiming arrear levies from owners what evidence needs to be produced by the body corporate? “19 It is for all these reasons that none of the relief Lion...

Age related termination: All claims rejected

by GilesFiles | Sep 15, 2022 | 2020 onwards, Applications, BCEA 1997 (LRL 10), BCEA 77(3) & 77A(e), Bill of Rights, Causes and defences, Contractual breach, Costs, Costs not awarded, Courts, Declaratory, Dignity equality freedom, Evidence & onus, Exceptions/special pleas, GN Moshoana, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, Logistics, LRA 07: 112-184 Dispute, LRA 08a: 185-197B Dismissal, LRA 1995, Operation of law, Orders, Parties, Retirement, Rules Codes & Manual, Sectors, Special pleas, State Owned Enterprises, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics, Transport & communication | 0 |

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Tag: Evidential burden