Tag: LRA 191

Characterise dispute correctly: Different causes of action

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,...

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Wage differentials demands: Right or interest dispute?

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,...

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Material irregularities relating to joinder

The LAC allowed the appeal against the judgment of Rabkin-Naicker J in the LC and reviewed and set aside the arbitral award and sent the matter back to the bargaining council for a fresh arbitration on due notice.  The arbiter...

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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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Disciplinary hearing examined: Undermining purpose of LRA

“If an employer in its folly chooses to engage an independent counsel to conduct a hearing to a standard that would make a High Court judge proud, it does not follow that the CCMA (or this Court) must act as if it were the Supreme Court of Appeal when determining whether a dismissal was procedurally fair”.

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