Appeal from the CCMA

It is important to note that there is no Appeal from the CCMA, only review. Review means that we have to prove that the Commissioner (Arbitrator) misdirected him or herself and/or made a fatal error in the award. We have  →

Arbitration

Although we, as attorneys, do run arbitrations for our Clients we do get calls from time to time about how arbitrations should be run.  This is a very basic document and should be read in conjunction with both the Labour  →

Employee who chooses not to attend a disciplinary hearing

AN EMPLOYEE WHO CHOOSES NOT TO ATTEND A DISCIPLINARY HEARING DOES SO AT HIS/HER OWN PERIL. Even if the employee has objections to the process and procedure, the employee is obliged to participate in the hearing in order to be  →

Jurisdiction of the CCMA

It must be remembered by everyone that an approach to the CCMA can only be made with regard to disputes of right. Right is defined by the Basic Conditions of Employment Act and by specific legislation. One cannot approach the  →

Referrals to CCMA and Bargaining Council

After an employee has left your employ he/she normally has 30 days in which to refer the matter either to the Commission for Conciliation, Mediation and Arbitration or the relevant Bargaining Council. Obviously this referral could be done after the  →