Ever wondered why the burden of proof shifts between the employer and the employee during dismissal arbitrations? Section 192 of the Labour Relations Act No 66 of 1995 (as amended) stipulates the following: 1) In any proceedings concerning any dismissal, the employee must establish the existence of the dismissal; 2) If the existence of [...]
An Arbitrator could previously only hear a matter i.t.o Section 74(2) of the Basic Conditions of Employment Act (BCEA) before the CCMA for any outstanding monies, if an employee had instituted proceedings for unfair dismissal and the claim had not yet prescribed. This meant that if an employee had a claim for solely statutory [...]
When a dispute has been referred to the CCMA or Bargaining Council, and the matter proceeds to an arbitration hearing, the Commissioner will proceed to make the appropriate ruling and issue an arbitration award, against either the Applicant or Respondent, depending on the facts of the dispute. Section 143 of the LRA (Labour Relations [...]
Section 138 (5) of the Labour Relations Act (as amended) stipulates that: “If a party to the dispute fails to appear in person or to be represented at the arbitration proceedings, and that party - (a) had referred the dispute to the Commission, the commissioner may dismiss the matter; or (b) had not referred the [...]
When a dispute has been referred to conciliation only or to an objected con/arb process and the conciliation process has failed, the commissioner is duty bound to issue a certificate of non-resolution, confirming the dispute remains unresolved. With this document a party may refer the dispute to arbitration within 90 days by completing a 7.13 [...]
It is an often occurrence due to some unforeseen factor that the Respondent (employer) fails to attend a matter as set down by the CCMA or Bargaining Council. This could be because the Respondent did not receiving the notice of set down due to a technical or administrative error. […]
Arbitration awards against the employer can be reviewed. Contact your nearest CEO branch for assistance in this regard - Donovan