Most Recent Publications
  • Workplace Discipline
  • Contracts of Employment
  • Breaking News

    

    Reviewing CCMA arbitration awards: The proposed procedural amendments

    Johan Botes and Mark Meyerowitz – Cliffe Dekker Hofmeyr

    Among other aims, the Labour Relations Amendment Bill, 2012 (LRAB) proposes streamlining the procedure to be followed when reviewing CCMA arbitration awards. It further discourages litigants from instituting review applications as a tactical ploy to frustrate or delay compliance with the award.

    The amended s145(5) of the Labour Relations Act, No 66 of 1995 (LRA) will provide that a person who institutes a review application must arrange for the matter to be heard by the Labour Court within six months of commencing proceedings. However, the Court has been given the power to condone a failure to comply with this provision on good cause shown.

    In terms of a new s145(6) of the LRA, judges will be required to hand down judgment in review applications "as soon as reasonably possible". This provision reiterates the need for the speedy resolution of review applications. One of the original aims of the current LRA has been the speedy resolution of labour disputes. Sixteen years after its promulgation this aim has sadly not been realised. While there are numerous reasons for the delays in finalisinglabour disputes, any positive steps to reduce litigation time should be welcomed.

    If review applications are to be finalised speedily, litigants will have to adhere to the timelines provided for pleadings. We expect that, given the renewed imperative to quickly dispose of matters, the court will be less inclined to grant condonation for failure to comply with these timelines. This should especially assist employers who find themselves at the mercy of slow ex-employees who fail to timeously review arbitration awards handed down against them.

    Employers should, however, similarly take care in managing their own review applications. They should take all necessary steps to progress the matter to avoid censure for delays in the proceedings. Employers who institute review proceedings, and then unnecessarily delay the matter, will face an increased risk of having the review application dismissed.

    For more information please contact Johan Botes, Director or Mark Meyerowitz, Senior Associate, Employment, Cliffe Dekker Hofmeyr at This email address is being protected from spambots. You need JavaScript enabled to view it. , This email address is being protected from spambots. You need JavaScript enabled to view it. or telephone (011) 562 1124/5

     

     

    Newsletter Signup

     

    Android App On Google Play

    Courses and Workshops

    Occupational injuries and diseases in the workplace

    18 February 2016

    Emperors Palace: Convention Centre

    25 February 2016

    Southern Sun: Stay Easy Century City (Canal Walk): Cape Town

    Basic Labour Relations

    19 February 2016 (Fully Booked)

    Emperors Palace: Convention Centre

    26 February 2016

    Ratanga Junction: Century City: Cape Town

    10 March 2016

    Emperors Palace: Convention Centre

    18 March 2016

    Southern Sun: Elangeni & Maharani, Elangeni, Towers: Durban

    Workshop Chairing Disciplinary Hearings

    25 & 26 February 2016

    Emperors Palace: Convention Centre

    31 March & 01 April 2016

    Southern Sun: Elangeni & Maharani, Elangeni Towers: Durban

    07 & 08 April 2016

    Southern Sun: Century City(Canal Walk): Cape Town

    The OHS Act and the Responsibilities of Management

    26 February 2016

    Southern Sun: Century City (Canal Walk): Cape Town

    14 April 2016

    Emperors Palace: Convention Centre

    Employment Equity Committee Training

    04 March 2016

    Ratanga Junction: Century City: Cape Town

    09 March 2016

    Emperors Palace: Convention Centre

    30 March 2016

    Southern Sun: Elangeni & Maharani, Elangeni Towers: Durban

    Health and Safety Representative Course

    10 March 2016

    Tsogo Sun (Southern Sun): OR Tambo International Airport

    01 April 2016

    Southern Sun: Century City (Canal Walk): Cape Town

    Workshop Policies and Procedures

    11 March 2016

    Emperors Palace: Convention Centre

    Workshop Incident/Accident Investigation Course

    17 March 2016

    Emperors Palace: Convention Centre

    31 March 2016

    Southern Sun: Century City (Canal Walk): Cape Town