CCMA members Archives

Covid-19 operational requirements: Dismissal valid and fair

by GilesFiles | Mar 7, 2022 | Applications, BCEA 1997, Bill of Rights, Causes of action, CCMA awards, CCMA members, CCMA rules, Compensation, Contractual breach, Courts, Covid-19 issues, Discharged on account, Dispute Resolution (LRL 3), Exceptions/special pleas, Ill health and illness, Impossible or illegal performance, Insights, Judges, Jurisdiction and powers, Labour Relations, Labour Relations Act 1995, Lawfulness, Legal Practice, Legal practitioners, Legislation, LRA Chpt: 7: s112-184 Dispute resolution, LRA Chpt: 8a: s185-197B Dismissals, Not awarded, Operation of law, Orders, Orders re costs, Parties, Personal services, Private enterprises, Procedural issues, Rules, Sectors, Statutes (LRL 2) - work law, Substantial reason-other, Summary - generally, supervening impossibility, Termination & dismissal (LRL 8), Topics | 0 |

Dryden v Duncan Korabie Attorneys How should managers deal with employees who refuse to be vaccinated and may employment be terminated after following a fair procedure and should the reason for dismissal be related to conduct or...

Safe work environment: Capacity related dismissal upheld

by GilesFiles | Jan 21, 2022 | Bill of Rights, Capacity, CCMA awards, CCMA members, Courts, Dispute Resolution (LRL 3), Judges, Labour Relations, Labour Relations Act 1995, LRA Chpt: 7: s112-184 Dispute resolution, LRA Chpt: 8a: s185-197B Dismissals, Mining, Parties, Private enterprises, Sectors, Statutes (LRL 2) - work law, Substantial reason-other, Summary - generally, Termination & dismissal (LRL 8), Topics, Valid reason and fair reason | 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,...

Proving post-retirement dismissal: Ongoing work

by GilesFiles | Dec 4, 2021 | Automatically unfair - s187, Bill of Rights, Causes of action, CCMA awards, CCMA members, Contractual breach, Courts, Declaratory, Dignity equality freedom, Discharged on account, Dismissal generally, Dispute Resolution (LRL 3), Exceptions/special pleas, Government, Interpretation and application, Invalid or unfair reason, Judges, Jurisdiction and powers, Labour Relations, Labour Relations Act 1995, Lawfulness, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, LRA Chpt: 8a: s185-197B Dismissals, Meaning of dismissal, Not awarded, Operation of law, Orders, Orders re costs, Organs of state, Parties, Personal services, Proof required, Provincial, Retirement age, Sectors, Special pleas, Statement of claim, Statutes (LRL 2) - work law, Statutory, Termination & dismissal (LRL 8), 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,...

Enforcing collective agreements: LRA s 24(5) interpreted

by GilesFiles | Nov 29, 2020 | Applications, CCMA awards, CCMA members, Courts, Declaratory, Dispute Resolution (LRL 3), Exceptions/special pleas, Judges, Jurisdiction and powers, Labour Relations, Labour Relations Act 1995, Legal Practice, LRA Chpt: 3: s11-63 Collective Bargaining, LRA Chpt: 7: s112-184 Dispute resolution, Manufacturing, Parties, Sectors, Statutes (LRL 2) - work law, Topics, Trade unions | 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,...

Public works programme: EPWP workers no avoidance

by GilesFiles | Sep 20, 2020 | CCMA awards, CCMA members, Courts, Dispute Resolution (LRL 3), Judges, Labour Relations, Labour Relations Act 1995, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, LRA Chpt: 8a: s185-197B Dismissals, Parties, Sectors, Statutes (LRL 2) - work law, Termination & dismissal (LRL 8), 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,...

Automatic termination provision: Disguised conduct dismissal

by GilesFiles | Jul 22, 2020 | Applications, Associations & corporate bodies, CCMA awards, CCMA members, Compensation, Courts, Dispute Resolution (LRL 3), Evidence and onus, Evidentiary burden, Fixed-term contracts, Invalid or unfair reason, Judges, Jurisdiction and powers, Labour Relations, Labour Relations Act 1995, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, LRA Chpt: 8a: s185-197B Dismissals, Meaning of dismissal, Orders, Parties, Proof required, Reinstatement, Sectors, Statutes (LRL 2) - work law, Termination & dismissal (LRL 8), 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,...

Rewarding longer service: Rational pay differentiation

by GilesFiles | Feb 2, 2020 | Applications, CCMA awards, CCMA members, Courts, Dispute Resolution (LRL 3), EEA Chpt II ss 5-11, EEA4 differentials s27, EEA9 Levels s21, Employment equity, Employment Equity (LRL 12), Equal pay & value, Insights, Job evaluation, Judges, Labour Relations, Legal Practice, Parties, Pay progression, Sectors, Topics, Trade unions, Transport & communication | 0 |

Amcu v Wozani Berg Gasoline An experienced commissioner pondered about the difficulty faced by senior management when faced with rewarding longer service. ‘If the finding was that the differential between the wages of the...

Arbitrary grounds considered: Flagging in mining industry?

by GilesFiles | Jan 29, 2020 | Applications, Bill of Rights, CCMA awards, CCMA members, Compensation, Courts, Declaratory, Dignity equality freedom, Dispute Resolution (LRL 3), EEA Chpt II ss 5-11, EEA Chpt V ss 34-52, Employment equity, Employment Equity (LRL 12), Employment Equity Act 1998, ILO 111 of 1958, ILO Conventions, Inherent requirements, Insights, Interpretation and application, Judges, Labour Relations, Legal Practice, Management, Orders, Parties, Private enterprises, Risks, Sectors, 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,...

Differentiation rationally justified: Race discrimination?

by GilesFiles | Jan 21, 2020 | CCMA awards, CCMA members, Courts, Declaratory, Dispute Resolution (LRL 3), EEA Chpt II ss 5-11, Employment equity, Employment Equity (LRL 12), Employment Equity Act 1998, Equal pay & value, Evidence and onus, Insights, Judges, Labour Relations, Labour Relations Act 1995, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, Orders, Parties, Sectors, Statutes (LRL 2) - work law, Topics, Trade unions | 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,...

Performance bonus reduced: Annual loss of R55 billion

by GilesFiles | Jan 20, 2020 | Applications, Benefits - 186(2)(a), Bonus-discretionary, CCMA awards, CCMA members, Courts, Declaratory, Dispute Resolution (LRL 3), EEA4 differentials s27, Employment equity, Evidence and onus, Exceptions/special pleas, Insights, Job evaluation, Judges, Jurisdiction and powers, Labour practices (LRL 9), Labour Relations, Labour Relations Act 1995, Legal Practice, Legislation, LRA Chpt: 7: s112-184 Dispute resolution, LRA Chpt: 8a: s189 and 189A see Termination, LRA Chpt: 8b: s185-186(2) Labour practices, Management, Onus of proof, Orders, Organs of state, Parties, Pay progression, performance based, Remuneration, Sectors, SOEs (State Owned Enterprises), Special pleas, Statutes (LRL 2) - work law, TASK, Topics, Trade unions, Value exchange | 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,...

Rational pay differential: Longer service really?

by GilesFiles | Nov 18, 2019 | Applications, CCMA awards, CCMA members, Courts, Discrimination (LRL 11), Dispute Resolution (LRL 3), EEA Chpt II ss 5-11, Employment Equity (LRL 12), Employment Equity Act 1998, Equal pay & value, Evidence and onus, Evidentiary burden, Judges, Labour Relations, Legal Practice, Onus of proof, Parties, Sectors, Statement of claim, Statutes (LRL 2) - work law, 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,...

Minimum wage calculation: Annual bonus excluded

by GilesFiles | Sep 11, 2019 | Agriculture, BCEA 1997, Bonus-discretionary, CCMA awards, CCMA members, Courts, Declaratory, Dispute Resolution (LRL 3), Interpretation and application, Judges, Jurisdiction and powers, Labour Relations, Labour Relations Act 1995, Legal Practice, Legislation, LRA Chpt: 7: s112-184 Dispute resolution, Orders, Parties, Sectors, Statutes (LRL 2) - work law, Topics, Trade unions | 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,...

Category: CCMA members