Arbitration

What can you do if one of your employees refuses to testify at an arbitration or disciplinary hearing?

Employers might face situations where witnesses necessary for an arbitration or disciplinary hearing are unavailable because they have left the company or moved abroad. However, what should employers do if a current employee, who is a key witness, refuses to testify? In certain cases, an employee's refusal to testify might be warranted if they have [...]

2024-05-02T10:56:44+02:00May 2nd, 2024|Arbitration|Comments Off on What can you do if one of your employees refuses to testify at an arbitration or disciplinary hearing?

A Million Rand’s Worth of Reasons to Avoid a Contempt of Court Order

The act of contempt may manifest itself in various forms by parties during the processes of the CCMA and Bargaining Councils. However, contempt is not limited to conduct during the process, as parties may still find themselves in contempt should they wilfully refuse to comply with an Arbitration Award issued against them. The Labour Relations [...]

2024-03-19T13:17:20+02:00March 18th, 2024|Arbitration|Comments Off on A Million Rand’s Worth of Reasons to Avoid a Contempt of Court Order

Time To Set the Record Straight – An Analysis of a Commissioner’s Mindset in Default Awards

We at CEO have published numerous articles on Default Arbitration Awards made by the CCMA. Those articles primarily focused on the remedies available to the employer in terms of the Labour Relations Act (LRA). This article will analyse how a commissioner comes to their outcome and the methodology they could or should have applied. It’s [...]

2024-03-12T14:09:32+02:00January 25th, 2024|Arbitration|Comments Off on Time To Set the Record Straight – An Analysis of a Commissioner’s Mindset in Default Awards

The role of the Essential Services Committee in safeguarding South Africa’s most vital industries

We have previously written about what an essential service entails and the main reasons why the Labour Relations Act (LRA) defines specific industries as “essential”. The definition of “essential services” is still broad; therefore, under the auspices of the Commission for Conciliation, Mediation, and Arbitration (CCMA), the Essential Services Committee was established to decide [...]

2023-07-11T14:39:21+02:00June 26th, 2023|Arbitration, General, Labour Relations Act|Comments Off on The role of the Essential Services Committee in safeguarding South Africa’s most vital industries

An analysis of the statutory requirements for promoting employees in a fair manner

The promotion of employees within the workplace environment is a discretion enjoyed by employers to exercise as they see fit. It is generally accepted that the exercise of this discretion by the employer should not be infringed on lightly. In other words, employers should not be told whom they may or may not promote. [...]

2023-07-11T14:39:23+02:00June 16th, 2023|Arbitration, General, Labour Relations Act|Comments Off on An analysis of the statutory requirements for promoting employees in a fair manner

Indulging in Forbidden Fruit: Reserved for the Labour Appeal Court

The test for reviewing and setting aside an Award of the Commission for Conciliation Mediation Arbitration (CCMA) or that of a National Bargaining Council is whether the decision reached by the Commissioner/Arbitrator is one that no other reasonable decision-maker could have reached. This proposition has been articulated so often that it is now trite. [...]

2023-07-11T14:39:25+02:00June 16th, 2023|Arbitration, General, Labour Relations Act|Comments Off on Indulging in Forbidden Fruit: Reserved for the Labour Appeal Court

South Africa’s Employment Equity Targets: A Necessary Struggle or Misguided Interference?

The year 2023 stands as a testament to the trials and tribulations private business owners have endured. Besieged by the dual nightmares of incessant load-shedding and a less-than-stellar economy, further aggravated by a contentious National Minimum Wage adjustment, the resilience of South African Small, Medium, and Micro Enterprises (SMMEs) is being sorely tested. Stirring [...]

2023-06-02T08:54:14+02:00June 2nd, 2023|Arbitration, General, Labour Relations Act|Comments Off on South Africa’s Employment Equity Targets: A Necessary Struggle or Misguided Interference?

What factors do Arbitrators consider when determining whether a sanction is appropriate?

In an Arbitration relating to misconduct, a Presiding Commissioner must ultimately determine whether the sanction issued at the disciplinary hearing was fair and appropriate. The Guidelines on Misconduct Proceedings, published by the Commission for Conciliation, Mediation and Arbitration (CCMA), state the following: “The test is whether the Employer could fairly have imposed the sanction [...]

2023-07-11T14:39:36+02:00June 2nd, 2023|Arbitration, General, Labour Relations Act|Comments Off on What factors do Arbitrators consider when determining whether a sanction is appropriate?

What does an Employers’ Organisation do to help businesses like yours?

Usually, in this article segment, Consolidated Employers Organisation (CEO) would post an article on a pressing or current issue in the employment law arena or some recent development in case law or the like. While the updates or legal guidance provided and expressed in these pieces are invaluable to our Members, insight should be [...]

2023-06-02T08:43:52+02:00June 2nd, 2023|Arbitration, General, Labour Relations Act|Comments Off on What does an Employers’ Organisation do to help businesses like yours?

Amendments to the Postponement Application Process at the CCMA

It does happen that Employers find themselves being requested to attend the Commission for Conciliation, Mediation and Arbitration (CCMA) for a case but are unable to do so. This could be for many reasons, and as a result, Employers can request that their case be postponed to a more suitable date and time. Although [...]

2023-05-24T17:12:55+02:00May 24th, 2023|Arbitration, General, Labour Relations Act|Comments Off on Amendments to the Postponement Application Process at the CCMA
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