A term often heard in the context of applying discipline in the workplace is the word "consistency" or its opposite, "inconsistency." The term “consistency” should be seen as "treating like with like" or "measuring all by the same standard". In other words, it would be unfair to treat people who have committed similar acts of [...]
The evidentiary stage of an Arbitration hearing is a defining part of the process. What types of evidence may be relied upon, and what is the Employers’ burden of proof, the value of witness testimony, and the consequences of failing to produce a witness? An Arbitration is a process whereby both parties present evidence supporting [...]
In the case of Bidvest Protea Coin (Pty) Ltd v South African Transport and Allied Workers Union and Others (2023) 32 LAC 1.11.12 also reported at [2023] 3 BLLR 195 (LAC), the Employee was a security guard that was stationed at a casino. The Employee was instructed to escort a wanted man to an interview [...]
It is often the case that an Employer returns from the festive season break or a period of leave, fully recharged and ready to get back to work. Then “boom”, a former employee knocks on the door with an order obtained during an Arbitration, which the Employer was absent from due to being completely unaware. [...]
Arbitration Awards are binding & remain enforceable despite an application to the Labour Court for Review. Once a CCMA matter has been arbitrated, the Commissioner will issue an Arbitration Award within fourteen (14) days. CCMA Awards are final and binding, and there is no Appeal process regarding Arbitration Awards. They are, however, subject to Review [...]
The practice in a Con/Arb process was that, to separate the two (2) processes; a party should file an objection to Con/Arb at least seven (7) days prior to the hearing date. To refresh one’s memory, the Con/Arb process is where the Arbitration commences immediately after the Conciliation if the Conciliation process is unsuccessful. Commissioners [...]
Once an arbitration hearing has been finalised at the Commission for Conciliation, Mediation and Arbitration (CCMA) or relevant Bargaining Council, the Commissioner will issue an arbitration award. The arbitration award will set out the Commissioners finding and the brief reasons for the finding. In most cases, the employer will be aggrieved by an unsuccessful award [...]
Arbitration awards are generally considered to be final and binding upon parties. There is no appeal process regarding arbitration awards, as is the case in criminal and civil courts. However, the Labour Relations Act 66 of 1995 provides an avenue for an aggrieved party to take a Commissioner’s decision at arbitration on review to the [...]
When a matter is referred to Arbitration, one of the possible awards handed out by the Commissioner is reinstatement. Generally, the award of reinstatement flows as a result of a referral related to a dismissal or end-of-contract matter. With reinstatement, the Commissioner directs the employer (the Respondent) to restore the employee (the Applicant) to their [...]
A Default Award is an award made by the Commissioner at the CCMA or Bargaining Council when the employer failed to attend the Arbitration. This means that the Commissioner will only hear the Applicant’s evidence (employee) and make an award based on what the employee tells him/her. The Default Award is a legally binding decision that [...]