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Panel Discussion: Decoding the 2025 Budget Speech

Date: 26 February 2025 | Location: Online webinar – link will be sent to registrants

Join us for our annual online panel discussion as our expert panellists set to work decoding the 2025 national budget from a legal, tax, accounting, fiduciary, and compliance perspective and discuss the implications it holds for individuals, trusts, and companies. 

Event Details
Date: 26 February 2025
Start Time: 26 February 2025 03:00 PM
End Time: 26 February 2025 04:00 PM

Panel Discussion: Decoding the 2025 Budget Speech

Date: 26 February 2025 | Location: Online webinar – link will be sent to registrants

Join us for our annual online panel discussion as our expert panellists set to work decoding the 2025 national budget from a legal, tax, accounting, fiduciary, and compliance perspective and discuss the implications it holds for individuals, trusts, and companies. 

Event Details
Date: 26 February 2025
Start Time: 26 February 2025 03:00 PM
End Time: 26 February 2025 04:00 PM

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Filter: CCMA
See no evil, speak no evil: reporting misconduct

30 October 2024

What are the consequences of an employee turning a blind eye to the misconduct of their fellow employees? The CCMA... recently confirmed that dismissal may be an acceptable consequence for failing to report wrongdoing.

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384
Article
Final ruling: Costs do not follow the result in labour matters

12 October 2021,  Tata Mokwayi

Litigants, particularly employees and/or employers, often fear approaching institutions such as the Commission for Conciliation, Mediation and Arbitration (“CCMA”); the... Labour Court or the Labour Appeal Court when aggrieved with an unfavourable outcome due to the likelihood of automatically having a cost order against them. The fear is often based on an established rule in litigation that costs follow the result. However, this rule does not apply in labour matters as labour disputes favour an approach based on “law and fairness”. The Constitutional Court has, once again, issued a judgment to clarify that costs do not follow the result in labour matters. The rule that costs do not follow the result in labour matters honours key imperatives that flow directly from the Constitution and the Labour Relations Act 66 of 1995 (“the LRA”). The Court explained that two constitutional provisions are particularly relevant when it comes to the question about costs, which are: section 23 of the Constitution which entrenches various labour rights, including the right to fair labour practices and section 34 of the Constitution which enshrines the right to have one’s dispute resolved by the application of law in a fair public hearing before a court or, where appropriate, another independent and impartial tribunal or forum. The judgment provided that it is clear from a holistic reading of the LRA that the dispute resolution mechanisms that it creates such as the CCMA; Labour Court and Labour Appeal Court were meant to be a “one stop shop” for the resolution of labour disputes.These mechanisms were intended to be simple and accessible, so that those to whom the labour rights enshrined in our Constitution are conferred can vindicate those rights speedily and cost-effectively.  This laudable statutory goal would be eroded when the bearers of labour rights are faced with the threat of adverse costs orders if their claims are, for whatever reason, unsuccessful. The rule against automatic costs orders is an integral part of the scheme of the LRA in that it ensures access to labour dispute resolution institutions and no doubt enlarges the width by which the doors of those institutions are kept open.The court reiterated that it is imperative for our constitutional democracy that the doors of labour dispute resolution institutions be kept wide open for litigants to air their grievances, so that unlawful industrial action, and all its potential consequences, is generally avoided. It is important to note that the court made it abundantly clear that the implication of the judgment does not mean that costs orders can never be ordered against a party involved in a labour matter. However, when making costs orders in labour matters, courts are enjoined to apply the fairness standard in the LRA as a matter of constitutional and statutory obligation. The judicial exercise of a court’s discretion to award costs requires, at the very least, that the court must do two things.  First, it must give reasons for doing so and must account for its departure from the ordinary rule that costs should not be ordered.   Second, it must apply its mind to the dictates of the fairness standard in section 162 of the LRA, and the constitutional and statutory imperatives that underpin it.  Where a court fails to do so, it commits an error of law and thus misdirects itself.  

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1462
Blog
What you need to know to access the CCMA in the time of Covid-19

05 August 2020,  Sinenhlanhla Khoza

It was certainly a relief when the CCMA issued a notice announcing the opening of its doors to the public... after two months of closure as a result of the nationwide lockdown. Unfortunately, the CCMA has not been immune to the effects of Covid-19 and many of its regional offices have had to temporarily shut down for decontamination purposes after some of their staff members tested positive for the virus. On 30 July 2020, the CCMA issued a notice regulating access to its services during this pandemic and this notice replaced previous notices that have been issued regulating access to the CCMA. The notice which is effective from 1 August 2020 dictates a number of changes on the further handling of disputes by the CCMA.   The following measures will now apply in respect of conciliation and large-scale retrenchments:  The public is no longer permitted to visit any offices of the CCMA for purposes of making inquiries, submitting or collecting referral forms and any other related documents.  Service of documents may be made by electronic mails and facsimile. Electronic signature of referral forms will be allowed if they can be stored and printed when necessary. The CCMA will issue a certificate of non-resolution if the 30 day period of receiving the referral has lapsed and the parties concerned have not consented to the extension of the period. Where parties reach a settlement, the agreement will be recorded and signed electronically by both parties. Should electronic signatures not be accessible to one or both parties, the parties and the Commissioner will agree on a method to be used to record the terms of the settlement and same will be filed with the CCMA. Should a dispute concern a large-scale retrenchment process, the parties to the dispute must attempt to reach consensus on the manner which will facilitate the process. A digital online platform will first be considered and should this not be possible, a suitable external venue may be used. The following will apply in respect of application proceedings (such as condonation, rescission, etc):  Application proceedings will no longer be scheduled for oral hearings and will therefore be decided on paper. Where this is not possible, they will be conducted through video conferencing. Where oral evidence is required and one or more parties do not have access to a form of electronic means, the CCMA may direct that the matter be heard through a suitable external venue which may be at the employer’s premises. Where an application is made in the form of a statement without a signature, the CCMA requires confirmation from the submitting party through electronic means such as SMS, WhatsApp, voice recording or any electronic method that is not in the public domain and that can be stored safely, retrieved and printed by the CCMA. A ruling issued by the Commissioner will be sent to the Parties by electronic mails or by post and physical collection will be permitted by making prior arrangements with the relevant CCMA that heard the matter. The most identifiable changes this notice has made is that CCMA matters must be conducted via virtual platforms. Where this is not possible, the matter may be heard at any suitable external venue and the CCMA offices being the last resort if these options are not feasible. It is important to note that this notice does not attempt to vary or replace any time period within which a litigant is required to act in terms of any applicable statute or CCMA rules. Consequently, the duty continues to rest with the referring party to ensure timeous referral of their disputes to the CCMA, regardlesss of the method used for such referrals. 

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1421
Blog

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