When finding your way through the often-intricate maze of labour disputes, arbitration awards can sometimes leave one or both parties feeling dissatisfied. In some cases, the decision rendered by the commissioner might be perceived as unfair, whether it results in the reinstatement of a troublesome employee or in a decision that the employer firmly believes [...]
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 [...]
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 [...]
Section 213 of the Labour Relations Act defines a collective agreement as: “A written agreement concerning terms and conditions of employment or any other matter of mutual interest concluded by one or more registered trade unions, on the one hand, and, on the other, had a) one or more employers; b) one or more registered [...]
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 [...]
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. [...]
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. [...]
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 [...]
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 [...]
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 [...]