Private arbitration or the CCMA?
The Labour Court was recently required to determine whether the CCMA lacked jurisdiction to entertain an unfair dismissal dispute in circumstances where the parties agreed to refer such dispute [...]
Secret ballot required prior to engaging in a strike
In terms of s95(5)(p) of the Labour Relations Act, No 66 of 1995 (LRA) trade unions and employers’ organisations are required to conduct a secret ballot amongst its members before calling a [...]
Keep off the grass: Dismissed for testing positive for cannabis at work
In Mthembu and Others v NCT Durban Wood Chips [2019] 4 BALR 369 (CCMA), the arbitrator had to decide whether the dismissal of employees who tested positive for cannabis at work was fair. In this [...]