How does a review work?

Section 145(7) of the Labour Relations Act (LRA) provides that review proceedings do not suspend the operation of an arbitration award unless three applicants furnish security to the satisfaction of the Court. This is in accordance with subsection (8) of the LRA....

Do arbitration awards prescribe?

In law, if something ‘prescribes’ it becomes final. The process is most commonly related to debts. However, the question was raised – in Xoloani and Others v Mhoko’s Waste & Security Services (C202/15) [2018] ZALCCT 32 (5 October 2018) – as to whether or not...

Gross insubordination – what does this mean?

Gross insubordination is grounds for dismissal. However, it is not always cut and dried as can be seen with the case of SAMWU, AA Dawood v eThekwini Municipality, The South African Local Government Bargaining Council Commissioner & Ndaba N.O – Case No:...

Asked to resign and you do. What next?

Sometimes, at a disciplinary hearing, the chairperson may offer the employee the option to resign instead of undergoing the hearing. The Bargaining Council case below discusses whether or not this is allowed. In Tichawona / Hestony Transport – (2018) 27 NBCRFLI...