Labour Edge

LabourEdge is the sharp edge of labour law, human resources and employee relations.

It is designed by the SALLR team to assist busy practitioners when the boundaries of their knowledge, skills and insight are being challenged. On an ongoing basis, the latest developments are identified so that you can stay ahead of the game. Well-researched solutions are provided that will save you the time and effort slogging through periodicals, opinions, judgments, awards and publications.

Article 86/2021

To what extent is the practice manual of the labour court binding on all parties and the labour court?

Article 85/2021

The institution of review proceedings does not suspend the operation of an arbitration award unless security is furnished to the satisfaction of the court in terms of s145(8) of the LRA.  On what basis did the labour appeal court recently resolve the conflict between various labour court judgments interpreting the stay of enforcement of arbitration awards pending review proceedings?

Article 84/2021

What are the requirements to be met for s158(1)(c) of the LRA to be applicable (dealing with the jurisdiction of the labour court) to make an arbitration award or settlement agreement an order of court?

Article 83/2021

In terms of s142A(2) of the LRA, the CCMA has the power to make a settlement agreement an arbitration award for the purpose of enforcement thereof, in terms of s143(1) of the LRA.  On the other hand, in terms of s158(1)(c) of the LRA, the labour court may make an arbitration award or any settlement agreement an order of court.  What are some of the differences between the approaches adopted in the aforesaid statutory provisions, recently identified by the labour court in National Union of Metalworkers of SA obo Kubane and Others v Kewberg Cables and Braids (Pty) Ltd (2019) 30 SALLR 218 (LC)?

Article 82/2021

The parol evidence rule prevents a party from contradicting, adding to or modifying an agreement by reference to extrinsic evidence and, in that way, redefining the terms of such contract.  To what extent has this rule survived our new constitutional dispensation?

Article 81/2021

What are the consequences of a provision in an agreement recording that the agreement itself contains the entire agreement and that the parties are not bound by any terms, conditions or provisions not contained in the agreement itself?

Article 80/2021

In respect of an order of reinstatement, what is the nature of the claim calculated from the day of the order granting reinstatement to the end of the judicial process challenging such order?

Article 79/2021

In respect of an order of reinstatement, what is the nature of the claim from the date of dismissal until the date of the arbitration award or labour court judgment ordering reinstatement?

Article 78/2021

In respect of an order of reinstatement, what is the nature of the claim from the date of dismissal until the date of the arbitration award or labour court judgment ordering reinstatement?

Article 77/2021

The current position with regard to hearsay evidence is that such evidence may generally be admissible, but the weight afforded to that evidence should be considered in the light of the nature of the evidence.  In other words, due to the evidence being hearsay, the weight given to such evidence will be affected.  Ultimately, its reliability will, to a large extent, determine the weight that will be given to the evidence.  However, under what circumstances will the transcribed record of an internal disciplinary hearing constitute hearsay of a special type, thus affording greater intrinsic weight than simple hearsay?