conciliation

Infographic | The Conciliation Process

Conciliation is a crucial step in resolving workplace disputes efficiently and fairly. This infographic outlines the structured process followed at the CCMA, from scheduling to resolution. It highlights key steps such as party attendance, explanations of disputes, commissioner intervention, and possible outcomes. Whether the matter is settled through agreement or remains unresolved, understanding the conciliation [...]

2025-03-07T08:41:17+02:00March 5th, 2025|Infographics|Comments Off on Infographic | The Conciliation Process

Infographic | CCMA / Bargaining Council Processes: Pre-Conciliation

Pre-conciliations are an essential step in resolving workplace disputes efficiently and informally, often before they escalate to formal legal proceedings. This infographic provides an overview of the pre-conciliation process, highlighting how disputes are referred, registered, and addressed through informal discussions facilitated by a Commissioner. By fostering quick and confidential resolutions with minimal legal formalities, pre-conciliations [...]

2025-01-20T19:57:27+02:00January 20th, 2025|Infographics|Comments Off on Infographic | CCMA / Bargaining Council Processes: Pre-Conciliation

An Affirmation of Alternative Dispute Resolution

The preamble of the Labour Relations Act 66 of 1995 (LRA) boldly stipulates that the LRA was promulgated to “change the law governing labour relations and for that purpose to provide simple procedures for the resolution of labour disputes through statutory conciliation, mediation and arbitration.” In straightforward terms, “the purpose of the LRA is to [...]

2025-01-20T11:58:37+02:00January 20th, 2025|General|Comments Off on An Affirmation of Alternative Dispute Resolution

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

What are an Employers’ Rights and Limitations during a Strike Action?

Many scenarios may come to mind when one thinks of the word “strike”. However, few have considered how this action affects an Employer and their business. The Labour Relations Act (LRA) defines a strike as “the partial or complete concreted refusal to work, or the retardation or obstruction of work, by persons who are [...]

2023-07-11T14:41:17+02:00May 22nd, 2023|Arbitration, General, Labour Relations Act|Comments Off on What are an Employers’ Rights and Limitations during a Strike Action?
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