Tag: procedurally fair

Whether an employee may be dismissed if he/she misrepresented his/her qualifications and/or professional memberships, but nevertheless met the minimum requirements of the position to which he/she was appointed.

The Office of the Pension Funds Adjudicator (OPFA) is a statutory body established to resolve disputes in a procedurally fair, economical and expeditious manner. The adjudicator's office investigates and determines complaints of abuse of power, maladministration, disputes of fact or law and employer dereliction of duty in respect of pension funds.

In a recent judgment, Joseph v Killarney Engineering (Pty) Ltd and others (JR 586 18), the Labour Court found that it did not have jurisdiction to determine review proceedings for a liquidated company if the person who instituted the legal proceedings failed to deliver the necessary notice to the liquidators.

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.

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 his/her award, has materially broken a rule. This is different to an appeal because an appeal is lodged, not against the arbitrator’s conduct, but rather against his/her decision.

All employers, employees and trade unions will need to be aware of the Constitutional Court's recent Dunlop decision which has clarified much of the uncertainty around how derivative misconduct is applied in the workplace.