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 12, 2020 | Latest News
In terms of section 138 of the Labour Relations Act, commissioners may conduct arbitrations in a manner that the CCMA Commissioner considers appropriate to determine the dispute fairly and quickly as well as deal with the substantial merits of the dispute with the...
by Lia Marus | Nov 10, 2020 | Latest News
Section 4(1) of Schedule 8 of Labour Relations Act Code of Good Practice: Dismissal states that an employee has the right to state his or her case in the face of a misconduct charge at a disciplinary hearing. “The employee should be allowed the opportunity to state a...
by Lia Marus | Oct 29, 2020 | Latest News
Sometimes, when an unfair dismissal hearing succeeds, the Commission for Conciliation, Mediation and Arbitration (CCMA) can make a monetary award to the employee. However, this award can be overturned as can be seen in the case of Xstrata South Africa (Pty) Ltd...
by Lia Marus | Oct 27, 2020 | Latest News
The Labour Relations Act (LRA) has a Code of Good Practice that deals with the dismissing of employees . The most common reason why employees are dismissed is misconduct. The Code has a very simple procedure to follow for misconduct dismissals. Procedure to follow...
