CCMA awards Archives

Procedurally unfair dismissal: Conduct unbecoming averment?

by GilesFiles | Dec 16, 2025 | BCEA 1997 (LRL 10), Causes and defences, CCMA awards, CCMA members, Codes, Compensation or damages, Conduct - gross, Conduct unbecoming, Contractual breach, Costs not awarded, Courts, Declaratory, Fair procedure, Granted, Insolence and disrespect, Insolence and insubordination, Insubordination and defiance, Interpretation etc, Intolerable, Jurisdiction & powers, Labour Relations, Lawfulness & fairness, Legal Practice, Legislation, LRA 08a: 185-197B Dismissal, LRA 1995, LRA C: 133-150 CCMA, Minute: pre-trial or arb, Notice requirements, Orders, Parties, Personal services, Private enterprises, Progressive, Protect not punish, Resolving disputes (LRL 3), Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, Substance, Termination (LRL 8), Topics, Trust & confidence, Unlawful and void, Warnings | 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,...

Employee’s CCMA argument: Alleged unfair dismissal

by GilesFiles | Dec 12, 2025 | CCMA awards, CCMA members, Private enterprises, Trade | 0 |

IN THE CCMA HELD AT CCMA Cape Town CASE NO: WECT: 14692-24 In the matter between: Kim Raats Applicant And CIPLA (Medpro Pharmaceutrica (Pty) Ltd) Respondent Applicant’s final submissions Overview and brief summary Brief...

Pre-arbitration Minute: Raats / CIPLA

by GilesFiles | Nov 27, 2025 | CCMA awards | 0 |

IN THE CCMA HELD AT CCMA Cape Town CASE NO: WECT14692-24 In the matter between: Kim Raats Applicant And CIPLA (Medpro Pharmaceutica (Pty) Ltd) Respondent...

Interlocutory jurisdictional ruling: Section 191(6) LRA

by GilesFiles | Oct 17, 2025 | AH01a - CCMA rules current, AH09 - LRA, Causes and defences, CCMA awards, Costs, Courts, Disputes: right or interest, Interpretation etc, Jurisdiction & powers, Labour Relations, Legal Practice, Legislation, LRA 1995, Orders, Parties, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, 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,...

Model argument and award: Valid and fair dismissal reason

by GilesFiles | Mar 29, 2025 | AB1 - Fairness principle or concept, AL - ILO, Bill of Rights, Causes and defences, CCMA awards, Conduct - gross, Conduct & capacity, Conduct unbecoming, Contractual breach, Declaratory, Evidence & onus, Harass & bully, ILO Conventions, Incompatibility, Insights, Labour Relations, Lawfulness & fairness, Legal Practice, Legislation, Logistics, LRA 08a: 185-197B Dismissal, LRA 08a: 189 and 189A see Termination, Management, Managerial prerogative, Orders, Parties, Performance, Policies - all, Private enterprises, Protect not punish, Risks, Sectors, Statutory, Substance, Termination (LRL 8), Topics, Trust & confidence, Work Science Institute, Zero tolerance | 0 |

EMPLOYER MODEL ARGUMENT: Workplace bullying INTRODUCTION AND BACKGROUND 1. The employer employed a senior manager at a substantial annual salary and dismissed her on notice 8 months later. 2. The manager has challenged her...

Demarcating bag manufacturing: Ancillary to main business

by GilesFiles | Feb 13, 2025 | Causes and defences, CCMA awards, CCMA members, Collective Bargaining (LRL 5), Courts, Declaratory, Demarcations, Interpretation etc, Jurisdiction & powers, Labour Relations, Legal Practice, Legislation, LRA 03: 11-63 Bargain, LRA 1995, Manufacturing, Orders, Parties, Private enterprises, Resolving disputes (LRL 3), Rules Codes & Manual, Sectors, Stated case, Statutes (LRL 2)-work, 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,...

Discrimination and equal pay: Dignity must be affected

by GilesFiles | Jul 20, 2024 | Causes and defences, CCMA awards, CCMA members, Costs, Courts, Insights, Interpretation etc, Job evaluation and grading, Judges, Jurisdiction & powers, Labour Relations, Legal Practice, Legislation, LRA 07: 112-184 Dispute, LRA 1995, LRA D: 151-166 LC, Management, Orders, Parties, Pay differentials, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, Seven occupational levels, 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,...

Disproportionate pay differential: Pay differences justified

by GilesFiles | Jul 12, 2024 | Causes and defences, CCMA awards, Costs, Courts, Interpretation etc, Judges, Jurisdiction & powers, Labour Relations, Legal Practice, Legislation, LRA 07: 112-184 Dispute, LRA 1995, LRA D: 151-166 LC, Orders, Parties, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, 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,...

Alleged harassment and bullying: Senior manager compensated

by GilesFiles | Jun 9, 2024 | Applications, Banks, BCEA 1997 (LRL 10), Causes and defences, CCMA awards, CCMA members, Conduct & capacity, Courts, Declaratory, Evidence & onus, Harass & bully, Interpretation etc, Judges, Jurisdiction & powers, Labour Relations, Lawfulness & fairness, Legal Practice, Legislation, LRA 08a: 185-197B Dismissal, LRA 1995, LRA Sch 8: GP Code, Orders, Parties, Personal services, Protect not punish, Resolving disputes (LRL 3), Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics, Words & phrases | 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,...

Terminating collective agreement: Just or good cause

by GilesFiles | Jan 26, 2024 | Applications, Causes and defences, CCMA awards, CCMA members, Collective Bargaining (LRL 5), Contractual breach, Courts, Declaratory, Interpretation etc, Judges, Jurisdiction & powers, Labour Relations, Legal Practice, Legislation, LRA 03: 11-63 Bargain, LRA 1995, Orders, Parties, Personal services, Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, Topics, Universities and schools | 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,...

Changes in organisational structure: Differentiation not discrimination

by GilesFiles | Sep 12, 2023 | AB - Law generally, AF - Internal equity external parity, Applications, Causes and defences, CCMA awards, CCMA members, Courts, Declaratory, Differentiation not discrimination, EEA Chpt II ss 5-11, Employ Equity (LRL 12), Equal pay and value, Evidence & onus, Hospitality, Insights, Interpretation etc, Job evaluation and grading, Judges, Labour Relations, Legal Practice, Legislation, Management, Orders, Parties, Pay differentials, Pay progression, Personal services, Private enterprises, Sectors, Statutes (LRL 2)-work, Statutory, Topics | 0 |

NP v Ezemvelo KZN Wildlife Do changes in organisational structure present management with opportunity to ensure compliance with equal pay for work of equal value? “[14] Applicant is bound by the characterisation of the...

Equal pay dispute: Comparators with longer service

by GilesFiles | Aug 13, 2023 | AF - Internal equity external parity, Applications, Causes and defences, CCMA awards, CCMA members, Courts, Declaratory, EEA Chpt II ss 5-11, Employ Equity (LRL 12), Equal pay and value, Insights, Interpretation etc, Judges, Jurisdiction & powers, Labour Relations, Legal Practice, Management, Orders, Parties, Pay differentials, Private enterprises, Sectors, Statutory, Topics, Trade | 0 |

Upswu obo M v Tiger Brands (Pty) Ltd What distinguishes a dispute about equal pay from a dispute about equal value and why is length of service a relevant factor? “[36] In the Pioneer case, the Court stated as follows in...

Category: CCMA awards