Articles #Labour 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.

Can employers change workplace policies without consultation?

An important legal and governance issue in business is determining when employers are allowed to change workplace policies. This article examines the conditions under which employers may modify workplace policies and explores the related legal implications.