Labour Court Main Division - 2025

6 judgments
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6 judgments
Citation
Judgment date
April 2025
24 April 2025
11 April 2025
4 April 2025

Review – Arbitrator’s refusal to recuse himself – The correct approach to the application for the recusal is objective and the onus of establishing it rests upon the applicant - The question is whether a reasonable, objective and informed person would on the correct facts, reasonably apprehend that the arbitrator has not or will not bring an impartial mind to bear on the adjudication of the case, that is a mind open to persuasion by the evidence and submissions of counsel.

1 April 2025
March 2025
18 March 2025

Labour Law - Unfair dismissal – Jurisdiction of arbitrator in terms of the Labour Act 11 of 2007 (‘the Act’) – Prescription of period during which a referral can be made in terms of the Act – Whether arbitrator can issue a declaratory order and if so, circumstances in which that can be done.

6 March 2025