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October 15, 2020 · By Morris · No Comments

KENNETH MABASA v CCMA (LC). Review of application - precautionary suspension may be necessitated by the circumstances - procedural fairness is founded in audi ulteram partem rule and nothing else - Misrepresentation is a serious offence which goes to the core of the employment relationship.

DEPARTMENT OF COMMUNITY SAFETY AND TRANSPORT MANAGEMENT, NORTH WEST PROVINCIAL GOVERNMENT v GPSSBC (LC). Review application - parity principle is not intended to promote chaos in the workplace or absolve employees convicted of dismissible transgressions. Arbitrators must deal with all charges levelled against an employee even if he is absolved on one charge.

SWANEPOEL, ANDRE PIETER v KPMG SERVICES (PTY) LTD (LC). UIF UI-19 form - the applicant seeks an order compelling the respondent to record retrenchment as a reason for the termination of his contract of employment as opposed to involuntary resignation or mutual separation, the true reason - misrepresentation of facts in the UI-19 form is a criminal offence in terms of UIA.

SEBIBENG DIAMOND MINE (JV) t/a FRONTIER MINING PROJECT v NUMSA obo PHEKOANTOA AND 164 OTHERS (LC). Applicant seeking to review, in terms of section 145 of the LRA, a condonation ruling issued by the CCMA in which it condoned the late referral of a dismissal dispute in respect of 165 employees. Held that reviews of CCMA or bargaining council rulings must be brought under section 158(1)(g) of the LRA and not section 145. Held that it was clear from the papers that the applicant did not mistakenly refer to section 145 as opposed to section 158(1)(g) and therefore this was not a case where the court could overlook the reliance on the incorrect section and determine the matter in terms of the correct section. Held that even if the applicant intended to rely on section 158(1)(g) it had not made any submissions as to why it is just and equitable to review a ruling in respect of a dispute that has not yet been finally determined by the CCMA as required by section 158(1B) of the LRA.

THEMBEKA NKONYANE v AVENG TRIDENT STEEL (LC). Special plea that the Court has no jurisdiction to adjudicate procedural unfairness when the retrenchment process was conducted in terms of section 189A of the Labour Relations Act, 66 of 1995 (as amended). Special plea that the applicant signed a retrenchment agreement in full and final settlement preventing the Court to adjudicate the substantive fairness of the dismissal for operational requirements.

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Latest news

August 07, 2020 · By Morris · No Comments

labour to sustain welfare states

The West may have to fight each other off for African labour to sustain welfare states

06 Aug

CCMA institutes new, tight directive to cope with Covid-19 peak

CCMA institutes new, tight directive to cope with Covid-19 peak

31 Jul

OPINION | What happens to labour bargaining as the gig economy takes off?

OPINION | What happens to labour bargaining as the gig economy takes off?

31 Jul

City of Tshwane obtains urgent interdict against striking workers affiliated to Samwu

 City of Tshwane obtains urgent interdict against striking workers affiliated to Samwu

27 July

'A job is not the source of my self-worth': Lessons from Covid-19 retrenchments

'A job is not the source of my self-worth': Lessons from Covid-19 retrenchments

09 Jul

UIF corona payouts to end  as workers have not yet been paid for June due to tech problems

UIF corona payouts to end – as workers have not yet been paid for June due to tech problems

02 Jul

South African jobless rate swells to worst level in 10 years

South African jobless rate swells to worst level in 10 years

23 Jun

Cell C launches retrenchment process affecting nearly 40% of staff

Cell C launches retrenchment process affecting nearly 40% of staff

19 Jun

Beyond the numbers: The social impact of Covid-19

Beyond the numbers: The social impact of Covid-19

14 Jun

Government to be taken to court for failure to meet wage agreements

Government to be taken to court for failure to meet wage agreements

06 Jun

Lockdown: More staff for deeds office in Cape Town next week as backlog piles up

Lockdown: More staff for deeds office in Cape Town next week as backlog piles up

05 Jun

Treasury now estimates nearly 1.8 million job losses


 

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LRA Amendments 2018

June 03, 2020 · By Morris · No Comments

LRA Amendments 2018 May 31.

BCEA Amendment Bill 2017;

BCEA Memorandom of Objects;

Employment Services Act 2014;

Labour Relations Amendment Bill 2017;

LRA Memorandom of Objects;

National Minimum Wage Bill;

Impact Assessment.

Click here to download the zipped files.

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