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ARBITRATION FEES ADD INSULT TO INJURY

It is extremely dangerous for any employer to dismiss an employee unfairly. This is because South African labour law strongly protects employees. The forums provided by the Labour Relations Act (LRA) to carry out labour dispute resolution include:

• The Centres for Dispute Resolution attached to the numerous bargaining councils established in South Africa

• The Commission for Conciliation, Mediation and Arbitration (CCMA)

• The Labour Court

• The Labour Appeal Court.

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ARE SEXUAL ADVANCES UNFAIR?

After unfair dismissal and unfair labour practices the third category of unfair conduct by an employer is unfair discrimination. Section 6 of the Employment Equity Act (EEA) prohibits unfair discrimination against an employee on arbitrary grounds including race, age, disability, sex and many others.

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EMPLOYERS CANNOT HIDE BEHIND THE CORPORATE VEIL



Many employers try to evade the law by closing down one business and opening another. However, this ploy has become less and less likely to succeed. Especially where the employer opens the same business under a different name and/or in a different place, the new business could be found liable for the compensation payment award made against the old business.

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DON’T MISS THE ARBITRATION HEARING


The Labour Relations Act (LRA) provides two ways of going about setting aside an arbitration award; via a Labour Court review or via a rescission application.

In a Labour Court review the party who is unhappy with the award asks the labour Court to set the award aside on the grounds that the arbitrator, in making the award, ‘misconducted himself/herself’. That is, the review application is not an appeal against the award decision but rather a claim that the arbitrator:

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VARIATION AGREEMENTS OFTEN CRUCIAL IN BUSINESS TAKEOVERS

Section 197 of the Labour Relations Act (LRA) requires the new employer, in a takeover as a going concern, to take over all the employees of the old employer. A takeover of an enterprise “as a going concern” essentially means that the new employer is carrying on the same business as the old employer after a takeover.

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