Tag archives: CCMA

If you copy and paste or chat to AI acknowledge your sources

By Patrick Bracher (ZA) on June 22, 2023 Posted in General

In a recent finding by the CCMA the Commission upheld the dismissal of a university senior academic who had copied and pasted blocks of borrowed material into a published article without acknowledging the sources. He was also accused of not supervising his students to ensure that they had not copied the work of others and … Continue reading

Don’t Forget to Renew Overtime Clauses

By Jason Whyte and Stacy Smit on May 24, 2023 Posted in General, Uncategorized

In February 2023 the Labour Court delivered judgment in a review of an arbitration award of the CCMA. The employees concerned were charged and dismissed for gross insubordination when they refused to obey the instruction of their manager to work overtime. The CCMA found the dismissals to be substantively fair. During evidence at the arbitration, … Continue reading

Bending the CCMA Rules

By Michael Balie and Verushka Reddy on March 3, 2023 Posted in General

This blog was co-authored by: Jessica Blunden, Candidate Attorney Aimed at regulating proceedings in the Commission for Conciliation, Mediation and Arbitration (CCMA), the CCMA Rules serve a vital function. However, in the recent judgment of the Labour Court, the Labour Court declined to uphold the enforcement of the CCMA’s rule regarding objections to the con/arb … Continue reading

CCMA: unvaccinated employee’s dismissal fair

By Michael Balie on January 26, 2022 Posted in General

On 11 June 2021, South Africa’s landscape regarding mandatory vaccination in the workplace changed with the publishing of the Consolidated Directions on Occupational Health and Safety in certain workplaces (the Directive). This Directive led to wide debate on an employer’s ability to mandate employees to receive the Covid-19 vaccine. Employers potentially face reputational and financial … Continue reading

Setting aside a settlement agreement due to common mistake

By Donald Dinnie on July 14, 2021 Posted in General

This blog was co-authored by Tristan Marot, Candidate Attorney. The Labour Appeal Court has recently restated the law on common mistake as it applies to having a settlement agreement set aside in Murray and Roberts (Pty) Ltd v The Commission for Conciliation, Mediation and Arbitration & Others. The matter stemmed from a dispute between the … Continue reading