LABOUR COURT JUDGMENT SENDS A STRONG MESSAGE TO UNIONS AND CCMA COMMISSIONERS AHEAD OF THE NEW YEAR

In one of the first reportable judgments of 2024, SAA v NUMSA & SACCA, the Labour Court has sent a strong message to Unions which litigate in the Commission for Conciliation, Mediation and Arbitration (“CCMA”) and CCMA Commissioners who consider preliminary issues in the CCMA. Background Facts During December 2019, SAA was placed in voluntary business rescue, as…

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SELECTION CRITERIA: WHAT IS FAIR?

In the case of Koprindjiyska v 80 Westcliff (Pty) Ltd t/a Four Seasons Hotel (JS 994/20) [2022] ZALCJHB 325 (22 November 2022), an employee of the Four Seasons Hotel, employed as a Housekeeping Supervisor, sought an order by the Labour Court (LC) to declare her retrenchment as substantively and procedurally unfair. The employee was retrenched…

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