no difference principle Archives

Textbook evidence considered: Requirements not met

by GilesFiles | Jul 21, 2020 | 2020 onwards, Allowed, Appeals, Appeals - leave, Bill of Rights, Causes and defences, ConCourt judges, Constitutional Court, Courts, Evidence & onus, General, Hearsay, Judges, Legal Practice, M Madlanga, Orders, Parties, Sectors, Topics | 0 |

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...

No difference approach: Flawed analysis

by GilesFiles | Dec 14, 2016 | 2016, 2016, Landmark judgments, Words & phrases | 0 |

Psychological Society of South Africa v Qwelane (CCT226/16) [2016] ZACC 48 (14 December 2016) The constitutional court held that at common law and in terms of natural justice, ‘hearing the other party – audi alteram partem – is...

Promotion not unfair: Due to lack of experience

by GilesFiles | May 19, 2015 | 2015, AA Landman, Courts, Fair procedure, Judges, Labour Appeal Court, Labour Relations, LAC judges, LRA 08b: 185-186(2) Practices, LRA 1995, Practices (LRL 9), Retired judges, Statutes (LRL 2)-work, Topics | 0 |

Monyakeni v SSSBC (SAPS) (JA 64/13) [2015] ZALAC 17 [2015] JOL 33240 (LAC) (19 May 2015) per Landman JA (Sutherland JA and Mngqibisa-Thusi AJA concurring) The Labour Appeal Court partially allowed the appeal. The dispute...

Accepting employee repudiation: Overturned on appeal

by GilesFiles | Apr 8, 1994 | 2014 and earlier, Allowed, Appeals, Appeals - leave, Causes and defences, Contractual breach, Costs, Courts, Declaratory, Deemed, Evidence & onus, Granted, Interpretation etc, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, Lawfulness & fairness, Legal Practice, Legislation, Logistics, LRA 08a: 185-197B Dismissal, LRA 1995, Objective - correctness, Operation of law, Orders, Parties, Personal services, Resignations, Review tests, Sectors, State Owned Enterprises, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics, Trust & confidence | 0 |

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Tag: no difference principle

Textbook evidence considered: Requirements not met

No difference approach: Flawed analysis

Promotion not unfair: Due to lack of experience

Accepting employee repudiation: Overturned on appeal