In February 2023 the Labour Court delivered judgment in a review of an arbitration award of the CCMA. The employees concerned were charged and dismissed for gross insubordination when they refused to obey the instruction of their manager to work overtime. The CCMA found the dismissals to be substantively fair.

During evidence at the arbitration

South Africa is now deeply within its second wave of COVID-19 infections which appears to be significantly more widespread than that which prevailed during early to mid-2020. Since then, and in response to the pandemic, global efforts have successfully developed both expedited means of testing for the virus and, more recently, vaccines.

Employers may thus

In UASA, Solidaity and NUM v Lonmin Platinum PLC and AMCU (HO1312-18), the CCMA was tasked with determining the question of whether three minority trade unions, acting jointly, could obtain organisational rights at Lonmin in order to challenge the influence of the majority union (AMCU).

Section 18 of the Labour Relations Act, 1995