Labour & Employment law - Mabhelandile Ntuli Attorneys

Process over product: Reviewing the decision of a commissioner because of a gross irregularity in the conduct of the arbitration proceedings

In National Union of Metalworkers of South Africa (NUMSA) obo Mathoba v South Ocean Electric Wires Company (Pty) Ltd and Others (JR 49/19) [2023] ZALCJHB 248 (25 August 2023) the court set aside the decision of the commissioner because she committed a gross irregularity in the conduct of the arbitration proceedings which had the effect of tainting the outcome of the arbitration. This case serves as a stark reminder to commissioners that the process followed in relation to reaching a decision can be just as if not more important than the decision itself.

Two-pot, what pot? What to do if your employer never paid over your pension contributions to your pension fund

This article deals with what happens when one attempts to withdraw from their savings pot in the two-pot system and is informed that they have no retirement savings as their employer never paid over the pension contributions.