CCMA Rules-old Archives

Condoning late filing: Disallowed appeal

by GilesFiles | Oct 7, 2024 | 2020 onwards, Appeals, Appeals - leave, Causes and defences, CCMA Rules-old, Courts, Declaratory, Disallowed, Interpretation etc, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, LC Rules-new, LC Rules-old, Legal Practice, Legislation, LRA 1995, LRA 7: 112-184 Dispute, LRA C: 133-150 CCMA, Orders, Parties, Private enterprises, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, Statutory, Topics, Trade | 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,...

Jurisdictional rulings considered: Different rulings?

by GilesFiles | Jul 19, 2023 | 2020 onwards, Applications, Causes and defences, CCMA Rules-old, Courts, Declaratory, H Rabkin-Naicker, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, LRA 1995, LRA 7: 112-184 Dispute, LRA D: 151-166 LC, Objective - correctness, Orders, Parties, Private enterprises, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, Selected judges, Statutes (LRL 2)-work, Statutory, staying proceedings, Topics, Trade | 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,...

Remote working considered: CCMA jurisdiction lacking

by GilesFiles | May 21, 2023 | BCEA 1997 (LRL 10), Causes and defences, CCMA awards, CCMA members, CCMA Rules-old, Conduct & capability, Costs, Courts, Declaratory, Evidence & onus, Inherent requirements, Judges, Jurisdiction & powers, Labour Relations, Legal Practice, LRA 1995, LRA 7: 112-184 Dispute, LRA C: 133-150 CCMA, Operational reasons, Orders, Parties, Personal services, Private enterprises, Resolving disputes (LRL 3), Risks, Rules Codes & Manual, Sectors, Special pleas, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics, Trust & confidence | 0 |

R v Searlco Ltd Do our labour laws apply to persons who engage in remote working for an overseas company? “[41] In the end, having considered all the evidence pertaining to the territorial jurisdiction submitted by the...

Protected: Updated CCMA Rules: Effective from 24 April 2023

by GilesFiles | Apr 24, 2023 | AI - CCMA, CCMA & BC, CCMA Rules-old, Insights, Legislation, Parties, Rules Codes & Manual, Topics | 0 |

CCMA amended rules: Effective 24 April 2023

by GilesFiles | Apr 24, 2023 | AH - Labour Legislation, AI - CCMA, CCMA awards, CCMA Rules-old, Courts, Insights, Legal Practice, Legislation, Rules Codes & Manual, Topics | 0 |

Amended CCMA Rules have been published in the Government Gazette and take effect on April 24, 2023 and are repeated here in final form for easy reference but with some minor edits and without repeating various offices of the...

Effective dispute resolution: Enforcing orders?

by GilesFiles | Mar 1, 2023 | 2020 onwards, Applications, Awards -s145 see also Sidumo, Causes and defences, CCMA Rules-old, Central, Conduct & capability, Connie Prinsloo, Costs, Courts, Declaratory, Government, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, LC Rules-old, LC-Practice Manual, Legal Practice, LRA 1995, LRA 7: 112-184 Dispute, LRA D: 151-166 LC, Orders, Parties, Refused, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, State Owned Enterprises, Statutes (LRL 2)-work, Statutory, Termination (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 compliance orders: Absence of hearing

by GilesFiles | Oct 14, 2022 | 2020 onwards, BCEA 1997 (LRL 10), Causes and defences, CCMA Rules-old, Central, Costs, Courts, Declaratory, Government, Judges, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legality principle, Legislation, LRA 1995, LRA 3: 11-63 Bargain, LRA 7: 112-184 Dispute, Objective - correctness, Orders, Parties, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sean Snyman, Sectors, State organs, 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,...

Inherent job requirements: Service length arbitrary?

by GilesFiles | Aug 22, 2022 | 2020 onwards, AF - Internal equity external parity, Allowed, Appeals, Appeals - leave, Applications, Bill of Rights, Causes and defences, CCMA Rules-old, Costs, Courts, Declaratory, Discrimination (LRL 11), EEA 1998, EEA Chpt II ss 5-11, Employ Equity (LRL 12), Evidence & onus, False assumptions, Insights, Interpretation etc, Joinder, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, LC Rules-old, Legal Practice, Legislation, LRA 1995, LRA 7: 112-184 Dispute, Management, Manufacturing, Orders, Parties, Private enterprises, Resolving disputes (LRL 3), RGO Lagrange, Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, Statutory, Topics | 0 |

Premier FMCG (Pty) Ltd t/a Blue Ribbon Bakery v Fawu Why is the binding ILO Convention 111 seemingly ignored when considering defence of inherent job requirements in context of discrimination? “[24] Accordingly, the...

Covid-19 operational requirements: Dismissal valid and fair

by GilesFiles | Mar 7, 2022 | Applications, AUD, BCEA 1997 (LRL 10), Bill of Rights, Causes and defences, CCMA awards, CCMA members, CCMA Rules-old, Conduct & capability, Contractual breach, Costs, Courts, Covid-19 issues, Impossible or illegal, Insights, Judges, Jurisdiction & powers, Labour Relations, Lawfulness & fairness, Legal Practice, Legislation, LRA 1995, LRA 7: 112-184 Dispute, LRA 8a: 185-197B Dismissal, Operational reasons, Orders, Parties, Personal services, Private enterprises, Resolving disputes (LRL 3), Risks, Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, Termination (LRL 8), Topics, Zero tolerance | 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...

Minister’s unfair conduct: Exceeding authority and powers

by GilesFiles | Feb 18, 2022 | 2020 onwards, Applications, Awards -s145 see also Sidumo, BCEA 77(3) & 77A(e), Causes and defences, CCMA Rules-old, Contractual breach, Costs, Courts, Declaratory, Evidence & onus, Finance, GN Moshoana, Impossible or illegal, Insights, Interpretation etc, Joinder, Judges, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, LRA 1995, LRA 7: 112-184 Dispute, LRA 8b: 185-186(2) Practices, Management, Orders, Parties, Policies - all, Practices (LRL 9), Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, Sidumo - see also awards s 145, Special pleas, Specific performance, State Owned Enterprises, 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,...

Dismissal ruling considered: Adjudicating merits?

by GilesFiles | Aug 2, 2021 | 2020 onwards, CCMA Rules-old, Courts, GN Moshoana, Hospitality, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, LC Rules-old, Legal Practice, LRA 1995, LRA 7: 112-184 Dispute, Objective - correctness, Orders, Parties, Private enterprises, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, Special pleas, 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,...

Jurisdictional power lacking: Destroying CCMA ruling

by GilesFiles | Jun 28, 2021 | 2020 onwards, Applications, CCMA & BC, CCMA Rules-old, Conduct & capability, Courts, Declaratory, GN Moshoana, Gross misconduct, Hearing procedure, Judges, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legality principle, Legislation, LRA 1995, LRA 7: 112-184 Dispute, LRA 8a: 185-197B Dismissal, Mining, Objective - correctness, Orders, Parties, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, Termination (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,...

Category: CCMA Rules-old