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CURRENT LABOUR LAW 2009

CURRENT LABOUR LAW 2009. PETER LE ROUX. PRACTICE AND PROCEDURE. PETER LE ROUX. CHIRWA v TRANSNET LTD AND OTHERS [2008] 2 BLLR 97 (CC). Public sector employees are not entitled to utilise administrative law remedies.

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CURRENT LABOUR LAW 2009

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  1. CURRENT LABOUR LAW 2009 PETER LE ROUX

  2. PRACTICE AND PROCEDURE PETER LE ROUX

  3. CHIRWA v TRANSNET LTD AND OTHERS[2008] 2 BLLR 97 (CC) • Public sector employees are not entitled to utilise administrative law remedies. • Labour Court has sole jurisdiction to consider claims arising from the employment sphere?

  4. CHIRWA EXPLAINED Gcaba v Minister of Safety and Security and Others (CCT 64/08[2009] ZACC 26.) Generally employment and labour relationship issues do not amount to administrative action. See also National Director of Public Prosecutions and Others v Tshavhungwa and Others (9328/08 & 593/08 [2009] ZASCA 136 )

  5. CHIRWA – ANOTHER REMEDY? Nxele v Chief Deputy Commissioner, Corporate Services, Department of Correctional Services and Others [2008] 12 BLLR 1179 (LAC) – principle of legality?

  6. CHIRWA- ANOTHER REMEDY? Ntshangase v MEC for Finance: KwaZulu-Natal and Another (402/08) [2009] ZASCA 123 – review based on s158(1)(h) of the LRA This section states that the Labour Court may – “…review any decision taken or any act performed by the State in its capacity as employer on such grounds as are permissible in law”.

  7. INTERDICTING DISCIPLINARYPROCEDURES AND ARBITRATIONS • Booysen v SAPS and Another [2008] 10 BLLR 928 (LC). • Jiba v Minister of Justice and Constitutional Development [2009] 10 BLLR 989 (LC). • Trustees for the Time Being of the National Bioinformatics Trust v Jacobson and Others[2009] 8 BLLR 833 (LC).

  8. REMEDIES FOR UNFAIR DISMISSAL Equity Aviation Services (Pty) Ltd v CCMA and Others[2008] 12 BLLR 1129 (LC) – compensation and reinstatement, independent remedies – reinstatement can be made retrospective for more than 12 months.

  9. TEST FOR REVIEWING PRIVATEARBITRATION AWARDS • Clear Channel Independent (Pty) Ltd v Savage NO and Another [2009] 5 BLLR 439 (LC), Steyn v Middelburg Ferrochrome (a division of Samcor Ltd) and Others (2009) 30 ILJ 1637 (LC) – test for review of private arbitration awards are those set out in section 33 of the Arbitration Act.

  10. STAYING ARBITRATION AWARDS ANDWRITS OF EXECUTION • Robor (Pty) Ltd (Tube Division) v Joubert and Others[2009] 8 BLLR 785 (LC). • Bartmann AAC & Bartmann MME t/a Khaya Ibhubesi v De Lange CLG and Another [2009] 9 BLLR 872 (LC).

  11. JURISDICTIONAL CERTIFICATES OF NON-RESOLUTION • Gold Fields Mining South Africa (Pty) Ltd (Kloof Gold Mine) v Commission for Conciliation, Mediation and Arbitration and Others (JR 2006)/083/7/09. • Strautman v Silver Meadows Trading 99 (Pty) Ltd t/a Mugg and Bean [2009] 10 BLLR 1007 (LC)

  12. JOINDER Gordon v Department of Health: KwaZulu-Natal [2008] 11 BLLR 1023 (SCA).

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