Tag: conciliation

Adopting holistic approach: 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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Special plea: Overly technical formalistic spurious

The LC refused to uphold the employer’s special plea relating to lack of jurisdiction and was satisfied that the trade union had complied with s 191(3) of the LRA read with Rules 5 and 6 of the CCMA Rules.  Although the employer...

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Joinder of new employer: No need for prior conciliation

Temba Big Save CC v Kunyuza (JA40/2015) [2016] ZALAC 36 (28 June 2016) per Waglay JP (Tlaletsi DJP and Davis JA concurring) The LAC disallowed the appeal and upheld the judgment of Steenkamp J in the labour court.  Issues...

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