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Dispute Resolution
Lockdown has taken its toll on the hearing of disputes in general. Like the different courts, the CCMA could not open its doors again until quite recently. To ensure the safety of everyone who attended the CCMA premises, a Standard Operations Procedure (“SOP”) guideline was issued in line with section 27 (2) of the Disaster...
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With mediation becoming formally entrenched in High Court practice through the introduction of Rule 41A, legal practitioners will need to be equipped to represent clients effectively within this new arena. Mediation Advocacy is the technique of strategically presenting a client’s position, needs and interests in a non-adversarial way, recognizing that the negotiated outcome to a...
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Namasthethu Electrical[1] learnt the hard way that it could not enforce a contractual right it had secured through its fraudulent conduct. The SCA not only confirmed that the City of Cape Town correctly terminated Namasthethu’s tender, but ordered punitive costs when it held that the arbitration clause on which Namasethethu relied did not survive the...
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Employees can cost employers millions through negligence, gross dereliction of duty, mismanagement, fraud and corruption, dishonesty or theft. While employers seldom lay criminal charges or initiate civil litigation because of time and cost factors, they could in fact both dismiss the employee and get some of that lost money back. Employers can either approach the...
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Arbitrators often award compensation, or reinstate an employee retrospectively. This means that the employer must pay the employee his salary/wages from the date of dismissal until the date on which he is to be reinstated. The CCMA’s functions do not, however, include the enforcement of its awards. While that is the end of the arbitration,...
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