Archive for May 2019

Delays caused by the applicant in review proceedings

There are various instances whereby the Applicant, generally the Employer, delays review applications in an attempt to frustrate the Respondent. The Labour Appeal Court (LAC) in Macsteel Trading Wadeville v Francois van der Nerwe and Others recently examined the undue delay in review applications. In this matter, NUMSA instituted proceedings to review an arbitration award.…

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Fixed term contracts and when they can be extended

We recently had an arbitration at the CCMA based on section 198B of the Labour Relations Act 66 of 1995, as amended (the LRA). Section 198B of the LRA deals with fixed term contracts for employees earning below the earnings threshold. The Government Notice No. 531, which was published in the Government Gazette 37795 dated…

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