Failure to renew a fixed term contract : Interrogate all the facts In terms of section 186(1)(b)(i) of the LRA, dismissal means that:‘an employee employed in terms of a fixed term contract of employment reasonably expected the employer – (i)            to renew a fixed term contract of employment on the same or similar terms but the employer offered to renew it on less favourable terms, or did not renew it; or (ii)           to retain the employee in employment on an indefinite basis but otherwise on the same or similar terms as the fixed term contract, but the employer offered to … Continue reading

Wage differential: Mutual interest dispute or a dispute about benefits?

In other words, is a differential in wages granted to members of a recognised minority trade union (NEHAWU) but not to members of another, albeit unrecognised minority  trade union (PWU), a dispute in terms of section 186(2)(a) of the Labour Relations Act 66 of 1995 (LRA] i.e. does it constitute a benefit?  Or is it a mutual interest dispute? If it was as couched then the CCMA has jurisdiction. If not, then the CCMA does not have jurisdiction vis-a vis dispute as framed. The point whether or not the dispute was about a benefit, and in turn, whether the CCMA … Continue reading Wage differential: Mutual interest dispute or a dispute about benefits?

Lessons from the Supreme Court of Appeal: handing down arbitration awards in dual languages?

Yesterday, a milestone and precedent setting judgment was handed down in English and Xhosa,by the Supreme Court of Appeal in Afriforum NPC v Chairperson of the University of South Africa [2020] ZASCA 79 ( 30 June 2020) . It’s inspiring not only from the substantive issue perspective whereby it held that the language of learning policy of UNISA removing Afrikaans as a language of learning and tuition was unconstitutional and set aside but that we as commissioner should likewise emulate this when we draft and submit our awards. In this way we fulfill, in my opinion, an integral aspect in … Continue reading Lessons from the Supreme Court of Appeal: handing down arbitration awards in dual languages?