CCMA
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Steps for referring disputes at the CCMA
Steps for referring Disputes at the CCMA Provided by the Commission for Conciliation, Mediation and Arbitration (CCMA) Step 1: If you have a labour ... -
Staying well within the letter of the law
All dismissals must be conducted according to fair labour procedure Ivan Israelstam The drafters of the Labour Relations Act of 1995 (LRA) expressly provided ... -
Speedier dispute resolution process called con-arb
The CCMA is constantly overloaded with cases, most of them unfair dismissals Ivan Israelstam When employers and employees receive notices to attend a hearing ... -
Substantive Fairness
Substantive fairness By Nicolene Erasmus Introduction: substantive fairness Misconduct is one of three grounds recognised by the LRA to justify the dismissal of employees. ... -
Reasons must be given for arbitrator’s decision
Ivan Israelstam There are few things more disappointing and shocking for an employer or employee than to receive an unfavourable arbitration award after having ... -
Reach of CCMA goes further than we think
Ivan Israelstam The Supreme Court of Appeal does not allow employers to fire employees at will. The Labour Relations Act gives CCMA commissioners a ... -
Procedural guidelines in arbitration cases
Ivan Israelstam Legal procedure makes it immensely difficult for a party at arbitration to win its case without witnesses. For example, should an employer ... -
Preparation is essential in arbitration cases
Ivan Israelstam Employers and employees very frequently lose their CCMA cases because they fail to bring proof of their allegations to the arbitration hearing. ... -
Onbillike ontslag: Hoe om ʼn dispuut na die KMVA (CCMA) te verwys
Onbillike ontslag: Hoe om ʼn dispuut na die KMVA (CCMA) te verwys Wat staan ʼn persoon te doen as hy voel dat hy onbillik ... -
New guidelines rule on what is fair dismissal
Ivan Israelstam Item 60.4 of the new CCMA Guidelines: Misconduct Arbitrations (the guidelines) states that it is not unfair for employers to make use ...
