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Tag: Commission for Conciliation Mediation and Arbitration (CCMA)
The CCMA, empowered by s115(2A)(k) of the Labour Relations Act (LRA), enacted Rule 25 in January which allows a party in an arbitration dispute to appear in person or be represented by a legal practitioner, candidate attorney or an entitled party in terms of sub-rule 1(a).
South African labour law has developed a rich body of case law since the Labour Relations Act was first introduced in 1995, and most employees are well aware of their rights not be unfairly dismissed, and to not be subject to unfair labour practices.
Whether the recent Constitutional Court case of Minister of Justice and Correctional Services v Prince and Others, in which the private use of cannabis was declared legal, has any bearing on an employer’s ability to discipline employees for being under the influence of cannabis whilst on duty.
Last month the Department of Labour (DOL) released a media brief noting that the Commission for Conciliation, Mediation and Arbitration (CCMA) has requested that the DOL investigate the growing practice of deliberate circumvention of labour laws amongst employers.
Problems of weak disciplinary case presentation often occur. There are two important reasons for this. The person presenting the case for the employer may be insufficiently skilled in case presentation, or, the employer may have failed to prepare the evidence properly.