The Rules that will regulate the mediation process in the Magistrate’s Courts in SA were published today. They come into operation n 1 August 2014. But no one should even consider venturing to court without first having read John O’Leary’s authoritative Mediation in Family & Divorce Disputes! Click here to buy the book; and here […]
The controversial new e-toll bill was passed into law by President Jacob Zuma yesterday as the Transport Laws and Related Matters Amendment Act, No. 3 of 2013. It is not yet in operation, and will come into operation on a date determined by the President by proclamation in the Gazette. The long title provides that its purpose is: […]
Plain language and generally fair contracts are good for business. If a contract is not aimed at making the transaction understandable to consumer, what are we doing really? More importantly, if the consumer understands the contract, would the dispute have reached the court with the related legal and reputational costs? In short, contracts should be […]
DBE taken to court over school furniture shortages in the Eastern Cape Friday 19 October 2012 The Legal Resources Centre (LRC) has filed an application with the Eastern Cape High Court in Mthatha on behalf of the Centre for Child Law (CCL) and parents from three Eastern Cape schools. The matter is scheduled to be […]
It’s been a long time coming – about 15 years in fact. Finally, a court has ruled (in Law Society of the Northern Provinces v Minister of Labour & others)that the CCMA’s strange rule which allows commissioners to expel lawyers from arbitrations concerning dismissals for misconduct and incapacity is irrational, arbitrary, unjustifiable and unconstitutional.
There are three ways to view the advent of international courts – ‘Community law’, as some style it – in Europe and Southern Africa. The first is suggested by the title for this session: a noble dream, but one which wakes to disillusion, or dysfunction, or both. The second is Lacey’s antithesis: nightmare…. In Southern […]
The Rules of the CCMA have been amended in GN. R 494 dated 15 June 2012 by updating the addresses of the offices of the CCMA. This is important for users of the CCMA not only to help them find their way there, but also delivery of documents to the CCMA in terms of the […]
Who can apply for rescission of a CCMA award? A lesson to look beyond the CCCMA Rules to the Labour Relations Act
Applying the rules of the CCMA is not always plain sailing, as the dismissed employee found out in the case of Builders Trade Depot v CCMA and Others LC D822/10 28 November 2011 per Steenkamp J (summarised in SILCS 2012:07). The employee had been dismissed for drinking on duty whilst on a written warning for the […]
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