by Lia Marus | Nov 23, 2020 | Latest News
If an employee is unfairly dismissed but does not want his or her job back, can an arbitrator reinstate this employee? In the case of Mmola v Commission for Conciliation, Mediation and Arbitration and others – (2018) 27 LC 1.11.21 the matter was decided upon.The...
by Lia Marus | Nov 20, 2020 | Latest News
The wording in contracts of employment – which relates to bonuses, commissions and increases – are key. For employees, the contract of employment is the most important document that governs the employment relationship between themselves and their employers. This...
by Lia Marus | Nov 20, 2020 | Latest News
If someone is unfairly discriminated against, the reason for this discrimination must be arbitrary or subjective. In legal terminology, this reason is called an ‘arbitrary ground’. These grounds harm a person’s dignity or affect them in an equally negative way. If...
by Lia Marus | Nov 19, 2020 | Latest News
In the 2018/2019 financial year, a total of 193 732 cases were referred to the Commission for Conciliation, Mediation and Arbitration (CCMA). This is as opposed to the 186 902 cases which were referred to the CCMA in the previous financial year. A good number of these...
by Lia Marus | Nov 19, 2020 | Latest News
Section 9 of the Constitution states that everyone is equal in the eyes of the law and prohibits unfair discrimination. However, the dividing line between what is fair and unfair discrimination sometimes becomes a bit blurry as can be seen in the case of Phahla/ Seven...
