Archive for October 2019

Retrenchments: The element of Substantive Fairness

  With unemployment levels as high as they are in South Africa, Employers need to be overly cautious when dismissing an Employee and taking into account that the services of the CCMA are free to parties, Employees are, more often than not, not hesitant to refer a dispute to the Commission, or even the Labour…

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Review Proceedings without a Record

  There has been a long-standing problem of missing audio recordings or unclear recordings of arbitration proceedings in the CCMA and in the Bargaining Councils. Despite the implied duty on the CCMA to keep and maintain proper records of arbitration proceedings, it is apparent that there is still a failure to do so. This has…

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