Tag: Commission for Conciliation Mediation and Arbitration (CCMA)

Artificial intelligence (AI) provides a service to HR, but shouldn’t replace people as a way of handling human resources within the business. AI has dominated business conversations in 2023 – the dangers of using a generative AI such as ChatGPT when it comes to content and communication, the dangers of artificial generative intelligence (AGI) within society and, of course, the use of AI across multiple touchpoints within the business itself.

The courts have found that the employee is protected by labour law from the moment the employment contract is concluded even if the employee has not yet started work. For example, in the case of Wyeth SA (Pty) Ltd vs Manqele (People Dynamics, September 2003 page 39). Manqele was offered a position by the employer as a sales rep.

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.

Workplace rebellion can bring the company to its knees. The most typical form of rebellion known in South Africa is industrial action. Such rebellion...

In a recent Labour Court judgment in the case of South African Revenue Services vs CCMA and Others, the court found the dismissal of an employee who was dishonest about his sick leave, to be substantively fair. In reaching its decision, the court made reference to the Woolworths v CCMA and Others case where an employee was dismissed after he applied for sick leave and but it was later established that he had travelled to support his local rugby team.

In many cases when employers hire executive level, management or key employees, there is a recognition that these hires can impact the success of the business, due to the individual's recognition in their industry, or knowledge and experience, or client and customer relationships, or a combination of all of these qualities.

The Department of Employment and Labour has officially launched the 23rd Annual Commission for Employment Equity (CEE) Report and the Public Register. This year's report, released on June 23, reveals a continued pattern of slow progress in achieving employment equity goals over the past two decades.

A February 2023 Labour Appeal Court judgment interpreted a settlement agreement that agreed to the “full and final settlement of all matters between” the parties and “in full and final settlement of all and any claims which the parties may have against each other”.

The CCMA is tasked with resolving disputes between employers and employees through conciliation, mediation, and arbitration. However, there is a possibility that the commissioner could make a mistake during the process, which is why the grounds for reviewing a CCMA award are essential. This article will explore the grounds of review in the CCMA.

In common law employers and employees have the obligation to treat each other fairly and within the law.