Reviews in the Labour Courts
Reviews in the Labour Courts is a seminal commentary work that covers the principles of judicial review in South African labour law.
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Product description
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
Reasonableness
Lawfulness and procedural fairness
Gross irregularity
Misconduct
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
Appeals
