Posts tagged as Labour Relations Act 66 of 1995

Employment law update – A crucial distinction between ss 197(2)(c) and 197(5)(a) of the LRA

x Bookmark Fulton and Others v Vita Nova Selection Plant (Pty) Ltd and Others (LC) (unreported case no J3042/18, 11-6-2021) (Nkutha-Nkontwana J). The facts in this matter brought into focus […]

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Employment law update – Suspension of picketing rules

x Bookmark In Clover SA (Pty) Ltd v General Industries Workers Union of South Africa and Others [2021] 4 BLLR 419 (LC), the General Industries Workers Union of South Africa […]

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Effective handling of applications for postponement during internal disciplinary inquiries and arbitration hearings

x Bookmark Rule 23 of the Rules for the Conduct of Proceedings before the Commission for Conciliation, Mediation and Arbitration (CCMA) deals with the procedure on how to postpone an […]

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Employment law update – Denying reinstatement despite the employer’s failure to present argument why this remedy was inappropriate

x Bookmark Booysen v Safety and Security Sectoral Bargaining Council and Others (LAC) (unreported case no PA12/18, 30-3-2021) (Kathree-Setiloane AJA with Coppin JA and Phatshoane ADJP concurring) The facts in […]

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Arbitration in terms of s 12B of the Petroleum Products Amendment Act

x Bookmark By Deon M Pool The pursuit of power. How to get it, keep it, and use it, have been central questions of politics, business, military strategy, and human […]

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Employment law update – Suspension without pay

x Bookmark In American Products Services (Pty) Ltd v Commission for Conciliation, Mediation and Arbitration and Others [2021] 1 BLLR 64 (LC), the employee was employed by American Products Services […]

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Employment law update – Polygraph test and circumstantial evidence

x Bookmark Goldplat Recovery Pty Ltd v CCMA and Others (LC) (unreported case no JR488/2019, 3-2-2021) (Tlhotlhalemaje J). In September 2018 an employee of the applicant was found with 1,5 […]

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Employment law update – Unlawfulness v unfairness

x Bookmark Chubisi v SABC and Others (LC) (unreported case no J1169/20, 2-11-2020) (Tlhotlhalemaje J). The applicant employee commenced her employ with the South African Broadcasting Corporation (SABC) in April […]

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The tripartite disciplinary process: Launching dual disciplinary actions

x Bookmark An employer has the prerogative to institute disciplinary action against an employee who has committed misconduct. This article is based on the backdrop wherein the parties enter into […]

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Employment law update – Unfair dismissal referred to CCMA when pending automatically unfair dismissal claim in the Labour Court

x Bookmark In the case of Feni v Commission for Conciliation, Mediation and Arbitration and Others [2020] 10 BLLR 1001 (LAC), the Labour Appeal Court (LAC) considered whether the Commission […]

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