Article 13/2025

In the preceding articles, we have dealt with the reasonable decision-maker test introduced by Sidumo v Rustenburg Platinum Mines Ltd the CCMA and Moropa NO
(2008) 19 SALLR 35 (CC).

But, there is also another test to be applied in review proceedings. The aim of this article is to highlight the approach to be adopted to determine which test is to be applied on review.
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  1. In essence, the dispute to be resolved determines the test to be applied. (Jonsson Uniform Solutions (Pty) Ltd v Brown and Others (DA10/2012)
    (13 February 2014)
  2. If legal or jurisdictional findings are challenged, the reasonable decision-maker test is not to be applied, but the correctness test is to be applied, so formulated in, inter alia, SA Rugby Players Association and Others v SA Rugby (Pty) Ltd and Others [2008] 9 BLLR 845 (LAC).
  3. If the factual findings of the arbitrator are challenged on review, then the reasonable decision-maker test, as formulated in the Sidumo judgment, is to be applied.
  4. On the other hand, if, on review, the legal or jurisdictional issues are inextricably linked to the factual findings, then the reasonable decision-maker test, as formulated in the Sidumo judgment, is to be applied.

See, further, Pikitup Johannesburg (Soc) Ltd v Muguto and Others (2019) 30 SALLR 186 (LC).

May 15, 2025

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.

May 10, 2025

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 …

May 5, 2025

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):