Case law reveals countless reasons given by CCMA arbitrators for an employer’s dismissal decision to be deemed unfair.
Articles tagged with:
arbitration
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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