Tag: natural justice

Punitive costs considered: Right to be heard

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Adjudication before arbitration: Reviewing incomplete proceedings

Ekurhuleni West College v Segal (Trencon Construction) Adjudication before arbitration is a speedy method of resolving disputes in the building and construction industry and what was formally known as ‘mediation’ is...

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Hearing not a trial: Simply right to be heard

A disciplinary enquiry is not a workplace trial. It is meant to be a platform where an employer gives an accused employee a right to put across his own version and be heard before a decision is taken on any alleged misconduct.

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Natural justice considered: unfair labour practices

De Lange v Absa Makelaars (262/09) [2010] ZASCA 21 (23 March 2010). In a very recent unanimous decision the Supreme Court of Appeal [“SCA”] incorporated an implied or tacit term of natural justice (audi alteram...

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