Disputes: factual Archives

Drawing adverse inferences: Polygraph test validity?

by GilesFiles | Mar 12, 2026 | 2020 onwards, Agriculture, Awards -s145 see also Sidumo, Causes and defences, Conduct - gross, Contractual breach, Costs, Costs not awarded, Courts, Declaratory, Disciplinary issues, Disputes: factual, Granted, Hearsay, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Lawfulness & fairness, Legal Practice, Legislation, LRA 08a: 185-197B Dismissal, LRA 1995, Orders, Parties, Polygraph test, Private enterprises, Protect not punish, Resolving disputes (LRL 3), Review tests, RN Daniels, Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, Statutory, Suspicion, Termination (LRL 8), Topics, Unlawful and void | 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,...

Mutual separation agreement: Validity disputed?

by GilesFiles | Feb 26, 2026 | 2020 onwards, Allowed, Appeals, Appeals - leave, Cause of action defined, Causes and defences, Construction industry, Contractual breach, Costs, Costs not awarded, Courts, Declaratory, Disputes: factual, Interpretation etc, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, Legislation, LRA 08a: 189 and 189A see Termination, LRA 1995, Mutual termination, Objective - correctness, Orders, Parties, Private enterprises, Resolving disputes (LRL 3), Review tests, Sectors, Settlement agreements, Statutes (LRL 2)-work, 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,...

Misconceiving enquiry nature: Inadmissible evidence?

by GilesFiles | Jan 21, 2026 | 2020 onwards, Awards -s145 see also Sidumo, Causes and defences, Codes, Contractual breach, Costs, Costs not awarded, Courts, Declaratory, Disputes: factual, Fair procedure, Hearsay, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Lawfulness & fairness, Legal Practice, Legislation, Logistics, LRA 08a: 185-197B Dismissal, LRA 1995, LRA Sch 8: GP Code, MZN Lallie, Orders, Parties, Private enterprises, Protect not punish, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics, Unlawful and void | 0 |

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Substantively unfair dismissal: Reinstatement ordered

by GilesFiles | Dec 2, 2025 | 2020 onwards, AB1 - Fairness principle or concept, Awards -s145 see also Sidumo, Bill of Rights, Causes and defences, Conduct - gross, Conduct & capacity, Contractual breach, Costs not awarded, Courts, Disputes: factual, Evidence & onus, Fair procedure, Granted, Harass & bully, Interpretation etc, Judges, Jurisdiction & powers, Just and equitable relief, Labour Court, Labour Court judges, Labour Relations, Lawfulness & fairness, Legal Practice, Legislation, LRA 08a: 185-197B Dismissal, LRA 1995, LRA Sch 8: GP Code, Orders, Parties, Personal services, Progressive, Protect not punish, Reinstatement, Resolving disputes (LRL 3), Review tests, RN Daniels, Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, Statutory, Substance, Termination (LRL 8), Topics, Trust & confidence, Universities and schools, Unlawful and void | 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,...

Dereliction of sales duties: Valid and fair reason?

by GilesFiles | Jan 13, 2025 | 2020 onwards, Awards -s145 see also Sidumo, Causes and defences, Conduct & capacity, Conduct unbecoming, Contractual breach, Courts, Declaratory, Disputes: factual, Evidence & onus, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Lawfulness & fairness, Legal Practice, Legislation, LRA 08a: 185-197B Dismissal, LRA 1995, Orders, Parties, Performance, Private enterprises, Resolving disputes (LRL 3), Review tests, Sectors, Statutes (LRL 2)-work, Statutory, Substance, Termination (LRL 8), Topics, Trade, Warnings | 0 |

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Downgrading posts considered: Insufficient evidence

by GilesFiles | Dec 18, 2024 | 2020 onwards, AB1 - Fairness principle or concept, AF - Internal equity external parity, Causes and defences, Central, Connie Prinsloo, Courts, Declaratory, Disputes: factual, EEA 1998, EEA Chpt II ss 5-11, Employ Equity (LRL 12), Evidence & onus, Government, Insights, Interpretation etc, Job evaluation and grading, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legality principle, Legislation, LRA 07: 112-184 Dispute, LRA 1995, LRA D: 151-166 LC, Management, Objective - correctness, Orders, Parties, Pay differentials, Pay progression, Performance, Personal services, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, State, State organs, Statutes (LRL 2)-work, Statutory, Topics, Work Science Institute | 0 |

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Disputed settlement agreement: Genuine factual dispute?

by GilesFiles | Apr 26, 2024 | 2020 onwards, Appeals, Appeals - leave, Applications, Awards -s145 see also Sidumo, BCEA 1997 (LRL 10), BCEA 77(3) & 77A(e), Causes and defences, Contractual breach, Costs, Courts, Declaratory, Disallowed, Disputes: factual, Evidence & onus, Fair procedure, Finance, Interpretation etc, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, Lawfulness & fairness, Legal Practice, Orders, Parties, Review tests, Rules Codes & Manual, Sectors, Settlement agreements, Sidumo - see also awards s 145, State Owned Enterprises, Statutes (LRL 2)-work, 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,...

Interdicting harassing behaviour: SLAPP application?

by GilesFiles | May 30, 2023 | 2020 onwards, Applications, BC and HOAs, Bill of Rights, Causes and defences, Community schemes, Costs, Costs punitive, Courts, Declaratory, Delict, Dignity equality freedom, Disputes: factual, High Court, High Court judges, Interdicts & rules, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, Legislation, Orders, Parties, Rules Codes & Manual, Sectors, self-created urgency, Topics | 0 |

Body Corporate Assistance Gauteng (Pty) Ltd v PT (Central Square) In interdicting harassing behaviour of owners when should body corporate managers anticipate disputes of facts and issue summons? “[14] I have had an...

Disputed settlement agreement: Enforceable restraint?

by GilesFiles | Feb 21, 2023 | 2020 onwards, Allowed, Appeals, Appeals - leave, Causes and defences, Contractual breach, Costs, Courts, Declaratory, Dennis Davis, Disputes: factual, Insights, Interpretation etc, Judges, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, LRA 07: 112-184 Dispute, LRA 1995, Management, Orders, Parties, Personal services, Private enterprises, Protectable interests, Public policy, Rules Codes & Manual, Sectors, Selected judges, Settlement agreements, Severance pay, Statutes (LRL 2)-work, Topics, Trade restraints | 0 |

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Timekeeping and sick leave: Valid unfair reason?

by GilesFiles | Dec 6, 2022 | André van Niekerk, Costs, Courts, Disputes: factual, Judges, Labour Relations, Legal Practice, LRA 07: 112-184 Dispute, LRA 1995, Orders, Parties, Review tests, Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, Termination (LRL 8), Topics | 0 |

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Unlawful dismissal alleged: Jurisdiction & prescription

by GilesFiles | Dec 5, 2022 | 2020 onwards, Applications, BCEA 1997 (LRL 10), BCEA 77(3) & 77A(e), Cause of action defined, Causes and defences, Conduct & capacity, Contractual breach, Costs, Costs not awarded, Courts, Declaratory, Disputes: factual, Fair procedure, Government, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, LC Rules-old, Legal Practice, Legislation, LRA 07: 112-184 Dispute, LRA 1995, Management, Objective - correctness, Orders, Parties, Pleadings: amending, Protectable interests, Provincial, Public policy, Res judicata (issue estoppel), Review tests, Rules Codes & Manual, Sean Snyman, Sectors, State organs, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics | 0 |

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Invalid unfair instruction: Reinstatement ordered

by GilesFiles | Nov 29, 2022 | 2020 onwards, Appeals, Appeals - leave, Authority: Sapiential or delegated, Awards -s145 see also Sidumo, Causes and defences, Conduct & capacity, Contractual breach, Costs awarded, Courts, Declaratory, Disallowed, Disputes: factual, Evidence & onus, Fair procedure, Insights, Insubordination and defiance, Judges, Kate Savage, Labour Appeal Court, Labour Relations, LAC judges, Lawfulness & fairness, Legal Practice, LRA 07: 112-184 Dispute, LRA 08a: 185-197B Dismissal, LRA 1995, LRA C: 133-150 CCMA, Management, Orders, Parties, Personal services, Policies - all, Private enterprises, Review tests, Risks, Sectors, Sidumo - see also awards s 145, 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,...

Category: Disputes: factual