Article 10/2025

What is the ‘short’ reasonable decision-maker test formulated by the LAC in Goldfields Mining SA (Pty) Ltd (Kloof Gold Mine) v CCMA (2013) 24 SALLR 41 (LAC), and so repeatedly being applied?

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A reviewing court must ascertain:

  • whether the arbitrator considered the principal issue before him/her
  • whether the arbitrator evaluated the facts presented at the arbitration
  • whether the arbitrator came to a conclusion that a reasonable decision-maker could have come to
September 2, 2025

What alternative claim(s) exist in delict to a statutory automatically unfair dismissal, a statutory constructive dismissal and a statutory unfair discrimination claim?

September 2, 2025

The scenario is as follows: in terms of a collective agreement between an employers’ organisation and various trade unions, provision is made for the accreditation of medical schemes by the relevant bargaining council, so that employees may enjoy the benefits of selecting and joining a scheme to which their employers contribute.

August 26, 2025

The labour court is afforded jurisdiction ito s77(1), read with ss77(3), of the BCEA to hear and determine any matter concerning a contract of employment, irrespective of whether a basic condition of employment constitutes a term of contract.