rustenburg platinum mines ltd v ccma summary

Life after Sidumo: clarifying the review test

2015-2-3 · Sidumo v Rustenburg Platinum Mines Ltd & Others [2007] 12 BLLR 1097 (CC) is a landmark case in South African labour law, which among other things, established the test to be used by judges in reviewing awards made by commissioners.. INTRODUCTION. According to the Constitutional Court, the question to be asked when reviewing awards is; was the decision …IN THE LABOUR APPEAL COURT OF SOUTH AFRICA …2010-7-12 · awards is Sidumo & Another v Rustenburg Platinum Mines Ltd & others [2007] 12 BLLR 1097 (CC). At para 79, Navsa AJ explained the duties of a commissioner as follows: ''In terms of the LRA, a commissioner has to determine whether a dismissal is fair or not. A commissioner is not given the power to consider

Practical guidelines to employers when presenting theft case…

Life after Sidumo: clarifying the review test - WerksmansContemporary Labour Law - workplace 2017-6-6 · Court of Appeal in Rustenburg Platinum Mines Ltd v CCMA and others (unreported SCA case no 598/05) has attracted widespread attention. It is clearly an important decision that makes two important points of relevance to every day labour law and industrial relations practice. The first point deals with the grounds on which an arbitration award of a

Practical guidelines to employers when presenting theft ...

2021-12-31 · The nature of the function performed by an arbitrator was described by the Constitutional Court in Rustenburg Platinum Mines Ltd v CCMA 2007 (1) SA 576 (SCA) as follows: "First, he or she has to determine whether or not misconduct was committed on which the employer''s decision to dismiss was based. This involves an enquiry into whether .. ntemporary Labour Law - workplace 2017-6-6 · The Mine appealed against this decision to the LAC. (See Rustenburg Platinum Mines Ltd v CCMA & others [2004] 1 BLLR 34 (LAC)). The Court rejected most of the arguments relied upon by the commissioner. In particular, it characterised the argument that the Mine had not suffered losses as unjustifiable. The people not searched might well have

Z Sidumo and others v Rustenburg Platinum Mines Ltd ...

2022-2-3 · Z Sidumo and others v Rustenburg Platinum Mines Ltd (Rustenburg Section) and others . Dismissal: key case to know - from CCMA to the Constitutional Court. Dismissal for failure to search: Stage 1 CCMA finds penalty too harsh,Stage 2 the Labour Court upholds that decision, Stage 3 the Labour Appeal Court rejects the CCMA commissioner''s reasoning .. stenburg Platinum Mine v SAEWA obo Bester and …2018-5-17 · Rustenburg Platinum Mine v SAEWA obo Bester and Others CCT127/17 ... Judgement Date: 17 May 2018. Media Summary of Judgment. The following explanatory note is provided to assist the media in reporting this case and is not binding on the Constitutional Court or any member of the Court. ... like the commissioner of the CCMA, failed to take into ...

2018: Case Law Updates | Labour Guide

2022-1-2 · Bester v Selfmed Medical Scheme (C171/2015) [2018] ZALCCT 25 . Payment of accrued leave pay Rustenburg Platinum Mines Limited v UASA obo Pietersen and Others (JR641/2016) [2018] ZALCJHB 72; (2018) 39 ILJ 1330 (LC) Misconduct related to …When is an Arbitration Award Reviewable?2017-5-18 · In the landmark case of Sidumo & Another v Rustenburg Platinum Mines Ltd & Others (2007) 28 ILJ 2405 (CC), the Constitutional Court held that the test for the review of a Commissioner''s arbitration awards is as follows: "Is the decision reached by the Commissioner one that a reasonable decision-maker could not reach? If so, it is reviewable.

Case Law Alpha Index

2018-6-12 · Sidumo v Rustenburg Platinum Mines Ltd and Others (Case CCT 85/06 Decided on 05 October 2007) Siemens Ltd and NUMSA (1990) 11 ILJ 610 (ARB) Sihlali v SA Broadcasting Corporation LTD (2010) 31 ILJ 1477 (LC) Simba (Pty) Ltd v Food and Allied Workers Union 1997 18 ILJ 558 (LC) Simba (Pty) Ltd v Allied Workers Union 1998 19 ILJ 1593 (LC)2018: Case Law Updates | Labour Guide2021-12-24 · Bester v Selfmed Medical Scheme (C171/2015) [2018] ZALCCT 25 . Payment of accrued leave pay Rustenburg Platinum Mines Limited v UASA obo Pietersen and Others (JR641/2016) [2018] ZALCJHB 72; (2018) 39 ILJ 1330 (LC) Misconduct related to …

Theft in the workplace

2014-5-10 · The Constitutional Court in Rustenburg Platinum Mines Ltd v CCMA 2007 (1) SA 576 (SCA) described the function of an arbitrator concerning misconduct: "First, he or she has to determine whether or not misconduct was committed on which the employer''s decision to dismiss was based. This involves an enquiry into whether there was a workplace ...Practical guidelines to employers when presenting theft ...2021-12-31 · The nature of the function performed by an arbitrator was described by the Constitutional Court in Rustenburg Platinum Mines Ltd v CCMA 2007 (1) SA 576 (SCA) as follows: "First, he or she has to determine whether or not misconduct was committed on which the employer''s decision to dismiss was based. This involves an enquiry into whether ...

Sexual harassment no longer tolerated in the workplace ...

2019-1-14 · More than ever before, the spotlight has been shone on sexual harassment in the workplace and more victims are telling their stories. In Rustenburg Platinum Mines Limited v UASA obo Steve Pietersen (2018) 39 ILJ 1330 (LC) (27 February 2018) the Labour Court delivered a scathing judgment wherein it criticised a CCMA commissioner for their ruling which …Theft in the workplace - Bregman Moodley Attorneys2014-5-10 · The Constitutional Court in Rustenburg Platinum Mines Ltd v CCMA 2007 (1) SA 576 (SCA) described the function of an arbitrator concerning misconduct: "First, he or she has to determine whether or not misconduct was committed on which the employer''s decision to dismiss was based. This involves an enquiry into whether there was a workplace ...

Z Sidumo and others v Rustenburg Platinum Mines Ltd ...

2022-2-3 · Z Sidumo and others v Rustenburg Platinum Mines Ltd (Rustenburg Section) and others . Dismissal: key case to know - from CCMA to the Constitutional Court. Dismissal for failure to search: Stage 1 CCMA finds penalty too harsh,Stage 2 the Labour Court upholds that decision, Stage 3 the Labour Appeal Court rejects the CCMA commissioner''s reasoning ...Sidumo and Another v Rustenburg Platinum Mines Ltd and ...ago. On 2 December 1985 the first respondent, Rustenburg Platinum Mines Ltd (the Mine), which as its name suggests, is a company principally involved in mining platinum, employed Mr Sidumo as part of its Security Services. He was a constable until 1992. Thereafter he was promoted to the position of a Grade II patrolman.

Contemporary Labour Law

2017-6-6 · Court of Appeal in Rustenburg Platinum Mines Ltd v CCMA and others (unreported SCA case no 598/05) has attracted widespread attention. It is clearly an important decision that makes two important points of relevance to every day labour law and industrial relations practice. The first point deals with the grounds on which an arbitration award of aUNDERSTANDING THE LAW ON SEXUAL HARASSMENT …2021-1-14 · fit and proper person to occupy an office at the CCMA. In essence, the Labour Appeal Court confirmed the commissioner''s order. Simply put, the accused was not found guilty of sexual harassment. In Rustenburg Platinum Mines Ltd v United Association of SA on behalf of Pietersen,14 a male colleague suggested that he stay with Ms Kgole and

"Reportable" IN THE LABOUR COURT OF SOUTH AFRICA …

2021-10-15 · Platinum Mines Ltd (Rustenberg Section) v CCMA and other (1998) 19 IJL 327 (LC). 12. However, there are other decisions of this court which suggest that such a referral may be made in a representative capacity. Etschmailer v CCMA …Model assignment guide for post-graduate students - …2010-9-10 · Rustenburg Platinum Mines Ltd (Rustenburg Section) v CCMA. 2007 (1) SA 567 (SCA) Labour Appeal Court Shoprite Checkers (Pty) Ltd v Ramdaw NO and Others (2001) 9 BLLR 1011 (LAC) Toyota SA Motors (Pty) Ltd v Radebe and Others (2000) 21 ILJ 340 (LAC) County Fair Foods (Pty) Ltd v CCMA and Others (1999) 20 ILJ 1701 (LAC)

Sidumo v Rustenbrug Platinum : impact on disciplinary ...

Sidumo v Rustenbrug Platinum : impact on disciplinary hearings in the workplace. Thesis (LL.M. (Labour Law))--North-West University, Potchefstroom Campus, 2011. Prior to the Constitutional Court''s decision in the Sidumo and another v Rustenburg Platinum Mines Ltd and others (2007) lACC 22 the Commission for Conciliation Mediation and ...2018: Case Law Updates | Labour Guide2022-1-2 · Bester v Selfmed Medical Scheme (C171/2015) [2018] ZALCCT 25 . Payment of accrued leave pay Rustenburg Platinum Mines Limited v UASA obo Pietersen and Others (JR641/2016) [2018] ZALCJHB 72; (2018) 39 ILJ 1330 (LC) Misconduct related to …

Sidumo and Another v Rustenburg Platinum Mines Ltd and ...

ago. On 2 December 1985 the first respondent, Rustenburg Platinum Mines Ltd (the Mine), which as its name suggests, is a company principally involved in mining platinum, employed Mr Sidumo as part of its Security Services. He was a constable until 1992. Thereafter he was promoted to the position of a Grade II patrolman ntemporary Labour Law - workplace 2017-6-6 · The Mine appealed against this decision to the LAC. (See Rustenburg Platinum Mines Ltd v CCMA & others [2004] 1 BLLR 34 (LAC)). The Court rejected most of the arguments relied upon by the commissioner. In particular, it characterised the argument that the Mine had not suffered losses as unjustifiable. The people not searched might well have

Practical guidelines to employers when presenting theft ...

2009-5-15 · The nature of the function performed by an arbitrator was described by the Constitutional Court in Rustenburg Platinum Mines Ltd v CCMA 2007 (1) SA 576 (SCA) as follows: "First, he or she has to determine whether or not misconduct was committed on which the employer''s decision to dismiss was based.Practical guidelines to employers when presenting theft ...2022-1-18 · The nature of the function performed by an arbitrator was described by the Constitutional Court in Rustenburg Platinum Mines Ltd v CCMA 2007 (1) SA 576 (SCA) as follows: "First, he or she has to determine whether or not misconduct was committed on which the employer''s decision to dismiss was based. This involves an enquiry into whether ...

Model assignment guide for post-graduate students

2010-9-10 · Rustenburg Platinum Mines Ltd (Rustenburg Section) v CCMA. 2007 (1) SA 567 (SCA) Labour Appeal Court Shoprite Checkers (Pty) Ltd v Ramdaw NO and Others (2001) 9 BLLR 1011 (LAC) Toyota SA Motors (Pty) Ltd v Radebe and Others (2000) 21 ILJ 340 (LAC) County Fair Foods (Pty) Ltd v CCMA and Others (1999) 20 ILJ 1701 (LAC)Mafomane v Rustenburg Platinum Mines Ltd [2003 ] 10 …Mafomane v Rustenburg Platinum Mines Ltd [2003] 10 BLLR 999 (LC). Division: Labour Court, Johannesburg Date: 14/08/ Case No: JS174/ Before: Trengove, Acting Judge Flynote. Application in terms of section 191(5)(b)(i) of the LRA. Discrimination ­ Proof of ­ Employees basing claims on unfair discrimination must prove that they were treated less favourably than other employees, …

Contemporary Labour Law

2017-6-6 · The Mine appealed against this decision to the LAC. (See Rustenburg Platinum Mines Ltd v CCMA & others [2004] 1 BLLR 34 (LAC)). The Court rejected most of the arguments relied upon by the commissioner. In particular, it characterised the argument that the Mine had not suffered losses as unjustifiable. The people not searched might well haveSidumo v Rustenburg Platinum: Impact on disciplinary ...2018-11-10 · Sidumo v Rustenburg Platinum: Impact on disciplinary hearings in the workplace Summary Prior to the Constitutional Court''s decision in the Sidumo and another v Rustenburg Platinum Mines Ltd and others (2007) lACC 22 the Commission for Conciliation Mediation and Arbitration applied the "reasonable employer"-test to determine

IN THE LABOUR APPEAL COURT OF SOUTH AFRICA …

2009-12-14 · [19] A similar approach was adopted in Rustenburg Platinum Mines Ltd (Rustenburg Section) v National Union of Mine Workers (2001) 22 ILJ 658 (LAC). In this case an employee had been employed on the mine as cleaner in the kitchen for some fifteen years.Dismissal: key case to know - from CCMA to the ...2022-2-12 · Dismissal for failure to search: Stage 1 CCMA finds penalty too harsh,Stage 2 the Labour Court upholds that decision, Stage 3 the Labour Appeal Court rejects the CCMA commissioner''s reasoning but upholds the decision. Stage 4 The employer approaches the Supreme Court of Appeal who find the dismissal fair. Stage 5 Cosatu brings a successful …

Cases Listed by subject:Administrative action

Sidumo v Rustenburg Platinum Mines Ltd and Others (Case CCT 85/06 Decided on 05 October 2007) Compulsory CCMA arbitration proceedings constitute administrative action but are not subject to PAJA. Solidarity v Minister of Safety and Security and Others (J879/12) [2016] ZALCJHB 15 (26 January 2016) Whether numerical targets in a EE plan can be .. THE LABOUR APPEAL COURT OF SOUTH AFRICA …2019-2-8 · in so thinking. In this regard I refer to the fact that in Rustenburg Platinum Mines Ltd v CCMA & others 2007(1)SA 576(A) the SCA has rejected the "own opinion" approach and adopted the reasonable employer test / the defer to the employer approach. I shall refer to this judgment of the SCA as the "Rustenburg judgment".

Sidumo v Rustenbrug Platinum : impact on disciplinary ...

Sidumo v Rustenbrug Platinum : impact on disciplinary hearings in the workplace. Thesis (LL.M. (Labour Law))--North-West University, Potchefstroom Campus, 2011. Prior to the Constitutional Court''s decision in the Sidumo and another v Rustenburg Platinum Mines Ltd and others (2007) lACC 22 the Commission for Conciliation Mediation and ...Case Law Alpha Index - Worklaw2018-6-12 · Sidumo v Rustenburg Platinum Mines Ltd and Others (Case CCT 85/06 Decided on 05 October 2007) Siemens Ltd and NUMSA (1990) 11 ILJ 610 (ARB) Sihlali v SA Broadcasting Corporation LTD (2010) 31 ILJ 1477 (LC) Simba (Pty) Ltd v Food and Allied Workers Union 1997 18 ILJ 558 (LC) Simba (Pty) Ltd v Allied Workers Union 1998 19 ILJ 1593 (LC)

Case Law Alpha Index

2018-6-12 · Sidumo v Rustenburg Platinum Mines Ltd and Others (Case CCT 85/06 Decided on 05 October 2007) Siemens Ltd and NUMSA (1990) 11 ILJ 610 (ARB) Sihlali v SA Broadcasting Corporation LTD (2010) 31 ILJ 1477 (LC) Simba (Pty) Ltd v Food and Allied Workers Union 1997 18 ILJ 558 (LC) Simba (Pty) Ltd v Allied Workers Union 1998 19 ILJ 1593 (LC)Sidumo v Rustenbrug Platinum : impact on disciplinary ...Sidumo v Rustenbrug Platinum : impact on disciplinary hearings in the workplace. Thesis (LL.M. (Labour Law))--North-West University, Potchefstroom Campus, 2011. Prior to the Constitutional Court''s decision in the Sidumo and another v Rustenburg Platinum Mines Ltd and others (2007) lACC 22 the Commission for Conciliation Mediation and ...

Theme 6 cases Termination and Dismissal

Mafomane v Rustenburg Platinum Mines Ltd [2003]10 BLLR 999 (LC) The labour court set out a test that an employee must satisfy in establishing constructive dismissal. The court stated that an employee who complains about a dismissal of a constructive kind bears the onus of proving the following elements: The employee terminated the employment ...Sidumo v Rustenbrug Platinum : impact on disciplinary ...Sidumo v Rustenbrug Platinum : impact on disciplinary hearings in the workplace. Prior to the Constitutional Court''s decision in the Sidumo and another v Rustenburg Platinum Mines Ltd and others (2007) lACC 22 the Commission for Conciliation Mediation and Arbitration applied the "reasonable employer"–test to determine whether a specific ...

REPUBLIC OF SOUTH AFRICA IN THE LABOUR APPEAL ... …

2014-6-18 · arbitrator could make. (Sidumo and Another v Rustenburg Platinum Mines Ltd and Others (2007) 28 ILJ 2405 (CC), Heroldt v Nedbank Ltd [2013] 11 BLLR 1074 (SCA); Gold Fields Mining South Africa (Pty) Ltd (Kloof Gold Mine) v CCMA and Others [2014] 1 BLLR 20 (LAC). [2] On appeal, the judgment and award were challenged on only two groundsSidumo v Rustenbrug Platinum : impact on disciplinary ...Sidumo v Rustenbrug Platinum : impact on disciplinary hearings in the workplace. Prior to the Constitutional Court''s decision in the Sidumo and another v Rustenburg Platinum Mines Ltd and others (2007) lACC 22 the Commission for Conciliation Mediation and Arbitration applied the "reasonable employer"–test to determine whether a specific ...

Misconduct 1 Sidumo summary

2022-2-9 · Misconduct 1 Sidumo summary. Z Sidumo & others vs. Rustenburg Platinum Mines Ltd (Rustenburg Section) & others. Issue: The employee, a security guard, was dismissed by the employer for failing to search employees in accordance with the prescribed policy, or not searching them at all. The CCMA found that the dismissal was procedurally fair, but ...UNDERSTANDING THE LAW ON SEXUAL HARASSMENT …2021-1-14 · fit and proper person to occupy an office at the CCMA. In essence, the Labour Appeal Court confirmed the commissioner''s order. Simply put, the accused was not found guilty of sexual harassment. In Rustenburg Platinum Mines Ltd v United Association of SA on behalf of Pietersen,14 a male colleague suggested that he stay with Ms Kgole and