Category: Con 158 (1982)

Repudiating employment contracts: Trust and confidence

During 1996 the Employment and Industrial Relations Journal of the International Bar Association published an article written by Graham Giles just before the newly adopted Labour Relations Act, 1996 came into force in November...

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Majoritarianism policy choice: Implied duty of fair representation

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Holistic approach needed: CCMA balancing interests

For the last 20 years CCMA commissioners have not really adopted a holistic approach and given effect to the purpose of the labour laws.  Section 74(2) of the Basic Conditions of Employment Act (BCEA) was amended in September...

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Labour law developments: South Africa since 1981

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Avoid formal hearings: Not legally required

Avril Elizabeth Home for the Mentally Handicapped v CCMA The labour court decided that employers and senior management should avoid formal enquiries in workplaces because the continued application of the criminal justice model...

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