Category: Checklists

Reviewing CCMA awards: Answering seven questions

When reviewing CCMA awards in terms of s 145 of the LRA there is a distinct likelihood of an award being reviewed and set aside if any one of these seven crucial questions is not answered in the affirmative. Whilst these are not...

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CCMA review requirements: Steps and procedures

Review requirements outlined here in a post intended to assist practitioners in knowing and understanding the specific relevant requirements of the LRA, the LC Rules and the LC Practice Manual. In addition templates are included...

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Drafting restraint clauses: Anticipating future events

Drafting restraint clauses:  The following quote and the summary is taken from an important judgment of SCA justice Malcolm Wallis when he started acting in the High Court. Although it was criticized by Davis J in Mozart Ice...

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Unedited brainstorming process: Power-play issues

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,...

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Operational requirements procedures: Dismissal

After holding that a dismissal based on operational requirements was substantively fair Justice André van Niekerk restated the legal requirements for procedural fairness and the importance of patience and genuine joint...

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Fair Dismissal: Operational requirements procedures

Section 189 of the LRA is clear and should not be held up as check-list to conduct consultation by litigation.  It is not appropriate to judge each of the requirements separately.  It must be done prudently.  Failure to comply...

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