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Reviews in the Labour Courts

Publication Language: English

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ISBN/ISSN: 9780409044850
Published: July 06, 2016
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ISBN/ISSN: 9780409127560
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Reviews in the Labour Courts is a seminal commentary work that covers the principles of judicial review in South African labour law.

Reviews in the Labour Courts covers the principles of judicial review in South African labour law. The Constitutional Court in the leading judgment of Sidumo, set out the test on review, Is the decision reached by the commissioner one that a reasonable decision-maker could not reach. Whilst the Sidumo test' appeared narrow, the CC found that CCMA awards constitute administrative action and so the constitutional standard of reasonableness suffuses s 145 of the LRA. The result is a massive body of case law which continues to grow making it difficult for busy practitioners to keep pace. Reviews in the Labour Courts provides excellent guidance for practitioners bringing and defending review applications in the Labour Courts. Every now and then a law book is written that fills a notable gap in the bookshelves of practising lawyers. This is such a book. Murphy J

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Table of contents

Development of the review test

The development of the review test: 1996 to 2015

Meaning and scope of grounds of review


Lawfulness and procedural fairness

Gross irregularity


Excess of powers

Award improperly obtained

S 158(1)(g)

Conciliation reviews

Referrals and condonation

Jurisdiction challenges and certificates of outcome

Conducting conciliations and settlements agreements

Arbitration process reviews

Jurisdictional challenges

Representation at arbitration

Errors in the conduct of proceedings

Awards and typical reviewable defects

Errors in formalities of awards

Errors of jurisdiction, powers, law, fact, discretion and procedure

Errors in applying law of evidence

Dismissal for misconduct reviews

Reviewing guilt

Reviewing penalty

Reviewing procedural fairness

Reviewing remedies

Other forms of dismissal reviews

Dismissals for incapacity

Constructive dismissals

Failure to renew fixed-term contracts

Unfair labour practice and miscellaneous reviews

Unfair Labour practices

Miscellaneous reviews

Private arbitration and bargaining council reveiws

Private arbitration

Bargaining councils

Practice and Procedure

Prosecuting and opposing reviews