In this instalment, we explore the intricacies of arbitration, the second process employed by the CCMA.
Articles tagged with:
arbitration
PART 1: Representation at the CCMA
Who is allowed to represent a party at the CCMA and who is not allowed? The issue of representation has been one of contention over the years.
Refusal to Comply with CCMA Arbitration Award
What recourse does an employee have when an employer refuses to comply with an CCMA arbitration award?
Arbitration Awards
Can an arbitration award be reviewed?
When Remorse Makes Dismissal Unfair
Case law reveals countless reasons given by CCMA arbitrators for an employer’s dismissal decision to be deemed unfair.
If best candidate declines the job, is second best entitled to be appointed?
In the arbitration between the National Union of Mineworkers obo Donald Andile Mchunu v Tronox Mineral Sands, the Commissioner had to decide whether the applicant, the second best candidate,...
False Allegations of Racism may be Grounds for Dismissal
Can an employee who makes a false allegation of racism against another employee be dismissed? The answer is yes, employees can be dismissed for making false accusations of racism. Facts of a recent...
Questioning witnesses during arbitration hearings
Arbitration hearings occur at the Commission for Conciliation, Mediation and Arbitration (CCMA) or the appropriate Bargaining Council (BC). This happens when a dismissed employee, after an internal...
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