Onus of proof Archives

Adjusting remuneration structure: Possible demotion?

by GilesFiles | Jan 19, 2026 | 2020 onwards, Causes and defences, Contractual breach, Costs, Courts, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, LRA 08b: 185-186(2) Practices, LRA 1995, Manufacturing, Orders, Parties, Private enterprises, Resolving disputes (LRL 3), Review tests, RN Daniels, Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, Statutory, Topics | 0 |

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Releasing relevant information: Public-interest override?

by GilesFiles | Dec 5, 2025 | 2020 onwards, Allowed, Appeals, Appeals - leave, Bill of Rights, Causes and defences, Costs awarded, Courts, Declaratory, High Court, High Court judges, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, Legislation, Orders, Parties, Provincial, Sectors, State organs, Statutory, Topics | 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 |

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Unfair arbitration process: Denial of rights

by GilesFiles | Jul 7, 2025 | 2020 onwards, Awards -s145 see also Sidumo, Bill of Rights, Causes and defences, Costs, Costs not awarded, Courts, Declaratory, Fair procedure, General, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Lawfulness & fairness, Legal Practice, Legality principle, Legislation, Logistics, LRA 07: 112-184 Dispute, LRA 08a: 185-197B Dismissal, LRA 1995, LRA C: 133-150 CCMA, LRA Sch 8: GP Code, Orders, Parties, Personal services, Private enterprises, Recusal, Resignations, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, Statutory, Topics | 0 |

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Automatically unfair dismissals: Reinstatement confirmed

by GilesFiles | Feb 26, 2025 | 2020 onwards, Appeals, Appeals - leave, AUD, Causes and defences, Costs, Courts, Declaratory, Disallowed, Evidence & onus, Hearsay, Interpretation etc, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, Lawfulness & fairness, Legal Practice, Legislation, LRA 08a: 185-197B Dismissal, LRA 08a: 189 and 189A see Termination, LRA 1995, Manufacturing, Operational reasons, Orders, Parties, Private enterprises, Reinstatement, Resolving disputes (LRL 3), Review tests, Sectors, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics | 0 |

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Dishonestly selling stock: Evidence and legal principles

by GilesFiles | Feb 6, 2025 | 2020 onwards, AB1 - Fairness principle or concept, Awards -s145 see also Sidumo, Causes and defences, Conduct - gross, Conduct & capacity, Conduct unbecoming, Contractual breach, Courts, Declaratory, Evidence & onus, Insights, 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, Orders, Parties, Private enterprises, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sean Snyman, Sectors, Selected judges, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics, Transport & communication, Trust & confidence | 0 |

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Establishing protectable interest: Onus not discharged

by GilesFiles | Jan 15, 2025 | 2020 onwards, AB - Law generally, Applications, Causes and defences, Contractual breach, Costs, Courts, Declaratory, High Court, High Court judges, Insights, Interdicts & rules, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, Legislation, Management, Orders, Parties, Personal services, Private enterprises, Protectable interests, Public policy, Refused, Sectors, Topics, Trade restraints | 0 |

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Sequestration issues considered: Provisional and final orders

by GilesFiles | Jan 14, 2025 | 2020 onwards, Applications, Causes and defences, Confirmed, Costs, Courts, Declaratory, Evidence & onus, Finance, High Court, High Court judges, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, Legislation, Orders, Parties, Pleadings: amending, Private enterprises, Rule nisi, SDJ Wilson, Sectors, Statutory, Topics | 0 |

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Differentiation not arbitrary act: Harassment & unlisted ground?

by GilesFiles | Nov 22, 2024 | 2020 onwards, Absolution, Applications, Causes and defences, Courts, Declaratory, Differentiation not discrimination, Discrimination (LRL 11), EEA 1998, EEA Chpt II ss 5-11, EEA Chpt VI 53-65, Employ Equity (LRL 12), Evidence & onus, Government, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, Orders, Parties, Provincial, Resolving disputes (LRL 3), Rules Codes & Manual, Sean Snyman, Sectors, State organs, Statutes (LRL 2)-work, Statutory, Topics, Words & phrases | 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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Persisting with hopeless case: Invalid dismissal reason

by GilesFiles | Sep 6, 2024 | 2020 onwards, Appeals, Appeals - leave, Awards -s145 see also Sidumo, Causes and defences, Conduct & capacity, Costs, Courts, Declaratory, Disallowed, Interpretation etc, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, Legislation, LRA 08a: 185-197B Dismissal, LRA 1995, Mining, Orders, Parties, Private enterprises, Protect not punish, Retired judges, Review tests, Roland Sutherland, Rules Codes & Manual, Sectors, Selected judges, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics | 0 |

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Automatic termination clause: Limited duration contracts

by GilesFiles | Jul 31, 2024 | 2020 onwards, Automatic, Causes and defences, Costs, Courts, Declaratory, Deemed, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Lawfulness & fairness, Legal Practice, Legislation, LRA 07: 112-184 Dispute, LRA 1995, LRA C: 133-150 CCMA, LRA D: 151-166 LC, Mining, Objective - correctness, Orders, Parties, Private enterprises, Review tests, Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics | 0 |

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Tag: Onus of proof