Article 11/2025

The labour appeal court, in Goldfields Mining SA (Pty) Ltd (Kloof Gold Mine) v CCMA (2013) 24 SALLR 41 (LAC), firstly, identified the questions to be avoided when a matter is taken on review and, secondly, the questions to be asked during a review process.

What are these respective questions to be asked in avoiding a piecemeal approach to the factors to determine unreasonableness?

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QUESTIONS TO BE AVOIDED

  • Failure to mention a material fact in the award?
  • Does the award fail to deal with an issue that has a material bearing on the dispute?
  • Failure to evaluate or consider facts presented at the arbitration?

QUESTIONS TO BE ASKED

  • Were the parties given a full opportunity to have their say with regard to the dispute?
  • Did the arbitrator correctly identify the dispute required to be arbitrated?
  • Did the arbitrator understand the nature of the dispute required to be arbitrated?
  • Did the arbitrator deal with the substantive merits of the dispute?
  • Is the decision one that another arbitrator could reasonably arrive at, based on the evidence presented?
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In terms of s34(1) of the BCEA, an employer may not make deductions from an employee’s remuneration unless, subject to s34(2), the employee agrees, in writing, or the deduction is made in terms of a law, collective agreement, court order or arbitration award.

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What are the principles of set-off applied by the labour appeal court in North West Provincial Legislature and Another v National Education, Health and Allied Workers Union obo Members (2023) 34 SALLR 351 (LAC), with reference to Schierhout v Union Government …

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The high court, in Van Wyk and Others v Minister of Employment and Labour (Centre for Human Rights, University of Pretoria and Others as amici curiae) (2024) 35 SALLR 134 (GJ), considered the constitutionality of the following sections of the Basic Conditions of Employment Act 75 of 1997 (BCEA):