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Tag: Arbitration

Enforcing CCMA awards without further referrals explained

Employees already have to endure a lengthy and often protracted journey to reach the oasis of a Commission for Conciliation, Mediation and Arbitration (hereinafter ‘CCMA’) award in their favour, only to have to begin the tiresome journey of receiving such award…

Provided By SchoemanLaw Inc

Uncovering hidden assets – Can online tools make asset discovery easier?

Whether acting for an individual on a divorce, a creditor trying to recover a bad debt or a client in a civil lawsuit, litigators need to be on the ball regarding the discovery of assets. The joy of winning a lawsuit for your client can quickly turn sour on discovery that…

Provided By LexisNexis

Overhauling the Arbitration Foundation of Southern Africa

The Arbitration Foundation of Southern Africa (“AFSA”) recently announced its plans to revise their current rules. It is expected that these revised rules will be...

by Donovan Avenant, Glynn Kent and Alicia Powell

A lesson in the timeous institution of arbitration proceedings

Arbitration is steadily on the rise in the developing world.[1] More interesting is that this growth seems to be centered around Africa, or, at least,...

by SchoemanLaw Inc

Admitting hearsay evidence: The legal principles

Despite developments in our law over the years, it seems that parties to an arbitration still have misconceptions on whether or not hearsay evidence is...

by Hlengiwe Mahlangu

False allegations of racism may be grounds for dismissal

Issue Whether an employee who makes a false allegation of racism against another employee can be dismissed? Summary Employees can be dismissed for making false accusations of racism. Facts In...

by Andre Van Heerden and Jacques van Wyk

Strike violence too easily tolerated and must be outlawed

The recent strike at Sibanye once again highlighted the sorry state of SA’s industrial relations. The strike lasted about five months and, disappointingly, was marred...

by Neil Coetzer

strike violence

Reinstatement: A remedy for unfair dismissal and unfair labour practices

Reinstatement is a remedy used in labour law for unfair dismissal and unfair labour practices. Court decisions define reinstatement In terms of the Labour Relations Act, there...

by Abrahams & Gross

The pitfalls of standard contracts: Check your T’s & C’s

A contract can relate to anything from a lease to a simple retail account agreement. Many people view a contract as a document with unfamiliar...

by Abrahams & Gross

Litigation versus arbitration: which to use in a civil dispute?

What is the difference between litigation and arbitration; two processes of dispute resolution in South Africa? In this article, I review the basic elements of...

by Belinda Lewis

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