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...
Read MoreReview 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...
Read MoreLegal writing and drafting is important because plain and understandable language is now a legal requirement thanks to sec 22 of the Consumer Protection Act 68 of 2008 that came into effect 17 years ago. It will surely be of...
Read MoreIt is important to understand that PSCBC Resolution 2 of 1999 developed the principles for a disciplinary code and procedure for the public sector and avoided the need to use language suggesting any form of criminal conduct. ...
Read MoreDrafting 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...
Read MoreEmployees have the right not to be unlawfully or unfairly dismissed [LRA s185]. This simply means that senior management may ‘dismiss’ lawfully and fairly. So employees do not have a ‘guaranteed job for...
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 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 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 MoreAfter 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...
Read MoreSection 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...
Read MoreDate of directive – 15 September 2010 The Judge President of the Labour Appeal Court and Labour Court of South Africa hereby issues the following Practice Directive in respect of the Labour Court. This Directive...
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