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Judgment Search Results Home > Cases Phrase: mediation Court: south africa supreme court of appeal Page 1 of about 129 results (0.032 seconds)

Sep 20 2013 (FN)

The Commission for Conciliation, Mediation and Arbitration and Others ...

Court : South Africa Supreme Court of Appeal

..... and swain ajja concurring): [1] this appeal is concerned with the constitutionality of rule 25(1)(c) of the rules for the conduct of proceedings before the commission for conciliation, mediation and arbitration (ccma),1a matter that was left open by the constitutional court in 2009.2the subrule limits the right to legal representation in ccma arbitration proceeedings concerning the fairness .....

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Nov 22 2013 (FN)

Golden Arrow Bus Services (Pty) Ltd. Vs. City of Cape Town and Others

Court : South Africa Supreme Court of Appeal

..... the requirements and procedures for negotiated contracts and their conversion to tendered contracts. gabs argued that reg 2, which deals with negotiated contracts, provides for referrals of disputes to mediation and arbitration under s 41 as well. [20] regulation 2 as a whole (with the exception of reg 2(4)) deals with the process of negotiating contracts where ..... the potential for conflict was considerable. if any of those parties could demand mediation or arbitration in respect of any disagreement over a term, the objects of the nlta could be defeated. [17] constant referrals of disputes over contractual terms, the city ..... negotiation of s 41 contracts with vehicle operators. apart from the obvious consideration that contracting parties may not wish to have the terms of their contracts facilitated by a mediator or determined by an arbitrator, the city argued that because of the complexity of the iptn and the negotiations with several different operators with different and competing interests, ..... it in good faith and reasonably in relation to the disputed issues, and interdicting the city from concluding a contract with either of the third or fourth respondents pending either mediation and possibly arbitration, or the finalization of good faith negotiations and compliance with the citys statutory obligations. [5] the western cape high court (griesel j) dismissed the .....

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Sep 05 2013 (FN)

Andre Herholdt Vs. Nedbank Limited and Another

Court : South Africa Supreme Court of Appeal

..... in the second edition (juta, cape town, 2012) 352. it is an approach that has been consistently followed in this court. shoprite checkers (pty) ltd v commission for conciliation, mediation and arbitration 2009 (3) sa 494 (sca); edcon ltd v pillemer no and others (2009) 30 ilj2642 (sca); food and allied workers union on behalf ofmbatha and others v pioneer ..... [2006] zasca 112; 2007 (3) sa 266 (sca); (2007 (5) bclr 503; [2007] 2 all sa 243 (sca). 10. rustenburg platinum mines ltd (rustenburg section) v commission for conciliation, mediation and arbitration 2007 (1) sa 576 (sca). 11. the promotion of administrative justice act 3 of 2000. 12. para 23. 13. paras 31-34. 14. sidumo and another v rustenburg ..... making an award are not such as to justify that award, its effect is to resuscitate this courts decision in rustenburg platinum mines ltd (rustenburg section) v commission for conciliation, mediation and arbitration, supra, even though that decision was expressly overruled in sidumo. once again that is not a permissible development of the law. [25] in summary, the position regarding ..... to provide a more generous standard of review, that is, one more easily satisfied. that culminated in this court, in rustenburg platinum mines ltd (rustenburg section) v commission for conciliation, mediation and arbitration,10holding that paja11applied to ccma arbitrations and had, by necessary implication, extended the grounds of review in respect of their awards.12this meant that a reviewing court could .....

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Dec 04 2013 (FN)

Harmony Gold Mining Company Ltd. Vs. Regional Director Free State Depa ...

Court : South Africa Supreme Court of Appeal

..... in this act, at the request of a person involved or on the ministers own initiative, direct that the persons concerned attempt to settle their dispute through a process of mediation and negotiation. [2] para 28. [3] para 33. [4] see: labuschagne v labuschagne; labuschagne v minister van justisie 1967 (2) sa 575 (a) at 587d-g.. [5] para 17. [6 ..... from the mining activities in the kosh area. the directive concludes by informing the mining companies that should a joint solution . . . not be forthcoming in an un-facilitated and un-mediated manner, the minister of water affairs and forestry may be requested to consider the issuing of a directive in terms of section 150 of the nwa.[1] [10] stilfontein was ..... of a party involved or on the ministers own initiative) that requires the mining companies concerned to attempt to settle their dispute through a process of mediation and negotiation. these aspects (a s 150 directive and mediation process) have also not been addressed on the affidavits. [31] the court a quo correctly dismissed harmonys application. makgoka j was also correct in following .....

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Mar 28 2013 (FN)

Food and Allied Workers Union Vs. L Ngcobo N O (M Ndlela) and Another

Court : South Africa Supreme Court of Appeal

..... the fairness of a dismissal, the dismissed employee may refer the dispute to a bargaining council having jurisdiction, and if there is no such council, to the commission for conciliation mediation and arbitration (commission), which referral must be made within 30 days of the dismissal.13the commission must attempt to resolve the dispute through conciliation14and if the commission certifies that the ..... that fawu had in fact undertaken to represent the respondents in their dispute with nestl . not just that, it thereafter did in fact do so before the commission for conciliation, mediation and arbitration (the ccma). thus whether the respondents did indeed qualify for such assistance in terms of fawus constitution is, on the view that we take of the matter, a .....

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May 16 2013 (FN)

Member of the Executive Council for Health, Province of the Eastern Ca ...

Court : South Africa Supreme Court of Appeal

..... the same conclusion in cusa v tao ying metal industries and others,18a matter concerning the review of an arbitration award made by a commissioner of the commission for conciliation, mediation and arbitration (the ccma) in a labour dispute. ngcobo j stated that the role of the reviewing court is limited to deciding issues that are raised in the review proceedings .....

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Feb 22 2013 (FN)

Provincial Commissioner, Gauteng South African Police Service and Anot ...

Court : South Africa Supreme Court of Appeal

..... , because an employee who wishes to set aside his dismissal must, in terms of the labour relations act 66 of 1995 (lra), refer the dismissal to the commission for conciliation, mediation and arbitration (ccma) or bargaining council having jurisdiction. the second was that in order to review and set aside the decision of the appeals authority the respondent had to prove .....

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Nov 29 2013 (FN)

Kievits Kroon Country Estate (Pty) Ltd. Vs. Johanna Mmoledi

Court : South Africa Supreme Court of Appeal

..... . a disciplinary inquiry found her guilty and recommended her dismissal on 15 june 2007. the appellant dismissed her the following day. she referred the dispute to the commission for conciliation, mediation and arbitration (the ccma), which found that her absence from duty was caused by circumstances beyond her control. it accordingly held her dismissal substantially unfair and ordered her reinstatement, but .....

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May 31 2013 (FN)

Emergency Medical Supplies and Training Cc Vs. Health Professions Coun ...

Court : South Africa Supreme Court of Appeal

..... could only concern itself with the merits of the matter. they aligned themselves with the remarks of cameron ja in rustenburg platinum mines ltd (rustenburg section) v commission for conciliation, mediation and arbitration 2007 (1) sa 576 (sca) where the judge of appeal remarked (para 32) that the merits may sometimes intrude in review proceedings but that this did not obliterate .....

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May 24 2013 (FN)

National Union of Public Service and Allied Workers Union Obo Mani and ...

Court : South Africa Supreme Court of Appeal

..... the appellant, a trade union acting on behalf of the ten dismissed employees, referred a dispute relating to the alleged unfair dismissal of these employees to the commission for conciliation mediation and arbitration (the ccma). the relief sought by the appellant was the reinstatement of the ten employees. the process of conciliation was unsuccessful. the appellant thereupon referred the dispute directly .....

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