Disputes relating to the existence of a dismissal are no longer considered to be jurisdictional disputes. As a result, the review of such rulings will be limited to those that are rulings that no reasonable commissioner could make.
When a jurisdictional ruling is taken on review, the approach adopted by the Labour Court to date
The rules of the CCMA that limit legal representation in disputes relating to dismissals for misconduct or incapacity (which form the vast majority of disputes referred to the CCMA) are valid and not unconstitutional.
The High Court caused considerable controversy late last year when it held that the rules of the CCMA that limit legal
Working Hours
PRC law recognises three categories of working hour systems: (i) the Standard Working Hour System; (ii) the Flexible Working Hour System; and (iii) the Comprehensive Working Hour System. Each system varies in its applicability to employment positions and industries within the PRC.
The Standard Working Hour System provides that an employee may work
Cet article a été rédigé par Me Marie-Andrée Larouche, avocate Norton Rose Fulbright Canada (Montréal)
Dans une affaire récente impliquant la Ville de Québec et le Syndicat des fonctionnaires municipaux de Québec, la Ville de Québec conteste la compétence de l’arbitre, Me Gilles Desnoyers, de se saisir du grief syndical déposé suite aux déclarations
In Herholdt v Nedbank Ltd the Supreme Court of Appeal again dealt with the test on review. This follows on the Constitutional Court’s decision in Sidumo that an award may only be reviewed and set aside if it is one that a reasonable decision-maker could not reach, which is known as a results driven approach.