Tag: LRA 188A

Important mitigating factors: Principle of progressive discipline

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Summary dismissal void: SABC materially breached contract

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Instituting disciplinary action: Unfair conduct compensated

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CCMA Rules amended: Effective from March 1, 2020

Amended CCMA Rules Amended CCMA Rules have been published in the Government Gazette and take effect on March 1, 2020 and are repeated here in final form for easy reference.  There are not many changes and they are high-lighted...

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Bypassing internal procedures: Employers forfeit control

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Whistleblowing: New rights s 188A of LRA

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Pre-dismissal arbitration: Employer breached agreement

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Pre-dismissal arbitration: Insubordination and insolence

The Labour Court reviewed and set aside the award.  This meant the employer had a valid and fair reason to dismiss related to the employee’s refusal to obey an instruction to transfer to another location.  The Labour Court...

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Review: Pre-dismissal inquiry ruling

Nehawu obo Lerumo v PM Venter NO (C183/12) [2015] ZALCCT 66 (17 November 2015) per Steenkamp J. The Labour Court reviewed and upheld proceedings relating to a pre-dismissal ruling (treated as an award) in terms of s188A of the...

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Pre-dismissal inquiry: Reviewing LRA s188A rulings

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Strikers fairly dismissed: Breaching picketing rules

FAWU v Rainbow Farms (Pty) Ltd (C65/12) [2014] ZALCCT 7 (29 January 2014). “Picketing rules exist for a purpose, and are integral to the peaceful exercise of the right to strike.   An integral element of picketing rules is the...

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