Looking back on the 1988 LRA amendments there is little doubt that when the former government accepted the recommendations of the Wiehahn Commission in 1979 they failed to understand the nature and effect of what changes to the...
Read MoreWorkplace mediation: Talk delivered on 7 March 2018 by Graham Giles at Mediation and Justice in South Africa conference “Who are the collaborators in and across the industries and how can we ensure that mediation achieves...
Read MoreFor 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,...
Read More Essence Assessed the validity of the dismissal reason; evaluated its fairness (referred to as “sanction”) and held the reinstatement award was not unreasonable. Decision City of Cape Town v IMATU obo Bronkhorst (C241/16)...
Read MoreFor 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,...
Read MoreWhat a pity Halton Cheadle’s sound advice was not followed in 1995 when the new Labour Relations Act was drafted, ironically by Halton himself. Twenty six years ago, in May 1989, Halton delivered a paper entitled “The...
Read MoreCheadle was the principal architect of the 1995 LRA and Le Roux and Thompson are lawyers who have been engaged in the practice and reform of labour law since the 1970s. This important article was first published in Business...
Read More Essence Manager dismissed for reason related to capacity and conduct for failing to take and adapt measures to meet the exigencies of specific situations because rules cannot rule the roost. Decision Trentyre (Pty) Ltd v...
Read MoreFor 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,...
Read MoreOn 28 May 2010 the Labour Appeal Court reversed that decision – see Kylie v CCMA (Michele van Zyl t/a Brigittes). In a unanimous judgment Davis JA upheld Kylie’s appeal and reviewed and set aside the CCMA’s ruling and declared...
Read More‘Apart from challenges to the constitutionality or interpretation of that legislation or the development of the common law where there is no legislation, the right plays no other role and does not constitute a separate source for a cause of action’
Read More Essence Sound dismissal process allows managers to assess facts and evaluate fairness in a procedure they control and decide to dismiss for valid and fair reasons Decision Num v CCMA (Superstone Mining) (C504/06) [2010] ZALC...
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