Failure to refer timeously? Case dismissed!
It is not often that one comes across the Latin maxim, “vigilantibus non dormientibus lex subvenit”, which translates to, “You have delayed in prosecuting your case, therefore, your case must be dismissed.” This maxim has been used to launch applications to have a dispute dismissed due to inordinate delays caused by the applicants in prosecuting […]
Demand that chairpersons or arbitrators recuse themselves
Sometimes a party believes that the chairperson or arbitrator is biased. In this article we look at what the law says in circumstances where a party wants the chairperson or arbitrator to recuse himself. Applications for recusal can be made to the presiding officer, or the arbitrator or the judges seized with any matter. The […]
Can an employee refer an unfair labour practice dispute after retirement?
Can an employee, refer an unfair labour practice dispute under s186(2), after retirement, alleging that a former employer committed an unfair labour practice against him/her? Section 186(2) of the LRA defines unfair labour practice as meaning “any unfair act or omission that arises between an employer and an employee involving: unfair conduct by the employer relating to […]
Can a single employee go on strike?
Can a single employee go on strike if the employer unilaterally changes the terms and conditions of his/her employment? Section 64(4) enables employees to go on strike if the employer unilaterally changes the terms and conditions of employment. The section does not explain or dictate what must happen if the employee affected is a single […]