Alternative dispute resolution Archives

Contempt and rescission applications: Both refused

by GilesFiles | Aug 25, 2023 | 2020 onwards, Applications, Causes and defences, Condonation, Contempt, Costs, Courts, erroneously sought, Interdicts & rules, Interpretation etc, Judges, Labour Court, Labour Court judges, Labour Relations, Legal Practice, LRA 07: 112-184 Dispute, LRA 08a: 185-197B Dismissal, LRA 144 and 165 rescissions, LRA 1995, Non-profit organisations, Orders, Parties, Personal services, Rules Codes & Manual, Sectors, Statutory, 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,...

Alternative dispute resolution: Enrichment claim?

by GilesFiles | Jul 27, 2023 | Costs, Courts, 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 |

Dis-Chem Pharmacies Ltd v Dainfern Square (Pty) Ltd What is scope of jurisdiction of an arbitrator when alternative dispute resolution is adopted by parties more particularly concerning unjust enrichment claim? “[20] The...

CCMA representation considered: Employer organisations

by GilesFiles | Oct 7, 2020 | 2020 onwards, André van Niekerk, Applications, Associations/corporates, CCMA Rules-old, Courts, Disputes: right or interest, Interpretation etc, Judges, Labour Court, Labour Court judges, Labour Relations, Legal Practice, LRA 07: 112-184 Dispute, LRA 1995, Objective - correctness, Orders, Parties, Review tests, Rules Codes & Manual, Statutes (LRL 2)-work, 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,...

Service level agreement: Legal services reinstated

by GilesFiles | Jun 17, 2019 | 2019, AB1 - Fairness principle or concept, Causes and defences, Courts, High Court, High Court judges, Judges, Legal Practice, Legislation, Municipal managers, Parties, Topics, Urgency | 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,...

Appropriate dispute resolution: (ADR) mechanisms

by GilesFiles | Mar 27, 2017 | AC - IMSSA memoirs, CCMA awards, Courts, Insights, Reforms required, Words & phrases | 0 |

Thanks to ACCORD it is possible to read about the early history and development of the Independent Mediation Service of South Africa (IMSSA) and the Commission for Conciliation, Mediation and Arbitration (CCMA) seen through the...

Integrate alternative dispute resolution

by GilesFiles | Jul 25, 2010 | Collective Bargaining (LRL 5), ERelations (LRL 1), Reforms required, Work Science Institute | 0 |

“… instead of seeing alternative dispute resolution as the enemy, it could be integrated into the civil justice system to take some of the burden off the courts — as was done in the UK. … the issue of precedent can be...

IDASA & alternative dispute resolution

by GilesFiles | Jun 24, 2010 | Collective Bargaining (LRL 5) | 0 |

“In effect a deal was done: Slabbert would resign, form the Institute for Democracy in Africa (Idasa) and he would then be rewarded with public talks with the ANC — hence the famous Dakar meeting and subsequent meetings...

Mediation and ADR

by GilesFiles | Jun 17, 2010 | Collective Bargaining (LRL 5) | 1 |

“DISPUTES between businesses or people with power tend to lead to litigation. Resolving conflicts in business is both time-consuming and emotionally demanding. King 3, the new directive on corporate governance in SA,...

Tag: Alternative dispute resolution