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How binding is a CCMA settlement agreement?
- Werksmans Attorneys
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- South Africa
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- April 29 2013
If an employee enters into a written settlement agreement at the Commission for Conciliation, Mediation and Arbitration (“CCMA”) on the advice of her
Retrenchment of a single employee, procedural fairness and the CCMA
- DLA Cliffe Dekker Hofmeyr
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- South Africa
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- March 16 2010
In Rand Water v Bracks NO & Others (2007) 28 ILJ 2310 (LC), the Labour Court (the Court) held that the Commission for Conciliation Mediation and Arbitration (CCMA) does not have jurisdiction to hear disputes about the procedural fairness of dismissal for operational requirements involving single employees
Private arbitration clauses in contracts of employment - an unsporting bar to approaching the CCMA or Labour Court?
- DLA Cliffe Dekker Hofmeyr
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- South Africa, United Kingdom
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- December 14 2010
The above question was recently answered by the Labour Court in the decision of Soul Mmethi v DNM Investments CC ta Bloemfontein Celtics Football Club (unreported case JS129809
The incredible credible witness...
- DLA Cliffe Dekker Hofmeyr
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- South Africa
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- May 5 2011
If a CCMA Commissioner makes a credibility-finding against a witness in an arbitration award, as a general rule, such a finding cannot be upset on review by the Labour Court (the Court
In search of a reasonable commissioner
- DLA Cliffe Dekker Hofmeyr
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- South Africa
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- July 31 2011
The decision in Sasol Mining (Pty) Limited v Commissioner Nggeleni & Others 2011 4 BLLR 404 (LC) sees Judge van Niekerk sending out a strong message to commissioners regarding the calibre of arbitration awards and in particular their analysis of the evidence placed before them when faced with factual disputes
No way back for miscreant cops
- DLA Cliffe Dekker Hofmeyr
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- South Africa
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- September 26 2011
Capetonians who travel to work on the N2 shall not easily forget the absolute chaos on the morning of 15 August 2007 caused by a great many Metro Police officers blockading the traffic in protest against plans by the City of Cape Town to re-grade their posts
Broken trust: the impact of dishonesty on the employment relationship
- ENS - Edward Nathan Sonnenbergs
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- South Africa
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- June 6 2011
The concept of trust has always been considered to be a key ingredient of an employment relationship
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