Tag: arbitration

In a dispute over whether an arbitration could be held to resolve the dispute between the parties, one party alleged that the arbitration agreement itself did not exist for lack of agreement between them.

The cost to the employer can include hearings at CCMA, Labour Court and Labour Appeal Court as well as back pay.

An interview with Ivan Israelstam, Chief Executive, Labour Law Management Consulting, and Dr Ivor Blumenthal, CEO, ArkKonsult, discussing whether either party can take a CCMA arbitrator’s conduct on review to the Labour Court if they are able to prove that the arbitrator, in making their award, has materially broken a rule.

Recent regulatory developments have helped to increase the pressure that communities are able to exert on mining companies. This highlights the need for companies to implement more effective negotiations with and solutions for their affected communities.

There are a number of unfair stereotypes regarding mediation. For example, many believe that it is only appropriate for family law disputes or that it is akin to therapy where parties are required to talk about their feelings rather than dealing with the substances of a dispute.

Is the dismissal of an employee, who compares a fellow employee to a monkey, fair, if the employee doing so alleges the statement was made in a friendly and inoffensive manner, according to the employee’s culture?

Gavin Stansfield | Director: Employment Practice | gavin.stansfield@cdhlegal.com Zola Mcaciso | Associate: Employment Practice | zola.mcaciso@cdhlegal.com | Cliffe Dekker Hofmeyr |  https://www.cliffedekkerhofmeyr.com/ | The case of...

When contemplating the purchase of a business as a going concern, it is necessary to carry out the appropriate due diligence of the respective business.