CASE LAW FOR COMMISSIONERS First Edition November 2012
0101 NEHAWU v University of Cape Town & others (2003) ILJ 95 (CC) Sidumo and another v Rustenburg Platinum Mines Ltd & others (2007) 28 ILJ 2405 (CC); [2007] 12 BLLR 1097 (CC) 0103 National Union of Metalworkers of South Africa v Vetsak Co-Operative Ltd and others 1996 (4) SA 577 (A); 1996 17 ILJ 455 (A) Binding effect of precedents
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Model assignment guide for post-graduate students
Sidumo and another v Rustenburg Platinum Mines Ltd and others [2007] 12 BLLR 1097 (CC) Minister of Health and Another v New Clicks SA (Pty) Ltd and Others. 2006 (2) SA 311 (CC); 2006 (1) BCLR 1 (CC) Bato Star Fishing (Pty) Ltd v Minister of Environmental Affairs and Tourism and Others . 2004 (4) SA 490 (CC); 2004 (7) BCLR 241 (CC)
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IN THE LABOUR APPEAL COURT OF SOUTH AFRICA, …
Sidumo and Another v Rustenburg Platinum Mines Ltd and Others[2007] ZACC 22; [2007] 12 BLLR 1097 (CC); 2008 (2) SA 24 (CC); (2007) 28 ILJ 2405 (CC); 2008 (2) BCLR 158 (CC). 3 See
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NYAMANDE & ANOR v ZUVA PETROLEUM (PVT) & ANOR (1) | …
Sidumo and Another v Rustenburg Platinum Mines Ltd and Others 2008 (2) SA 24 (CC); (2007) 28 ILJ 2405 (CC); 2008 (2) BCLR 158; [2007] 12 BLLR 1097 (CC), referred to Legislation considered: Constitution of Zimbabwe Amendment (No 20) Act, 2013, ss 56(1), 85, 167(5)(b), 169(1), 175(3) and (4)
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The failure of commissioners to exercise their duties ...
The court referred to Sidumo and Another v Rustenburg Platinum Mines Ltd and Others (2007) 28 ILJ 2405 (CC) and commented that the court must apply the objective test, being "Is the decision reached by the commissioner one that a reasonable decision maker would not reach?".
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SIDUMO REVISITED by MARTHINUS JOHANNES BOYENS
review test set out in the Constitutional Court judgment of Sidumo & another v Rustenburg Platinum Mines Ltd & Others (2007) 28 ILJ 2405 (CC) and consequently ascertain the correct approach to be adopted by our Labour Courts in the application of such test. The secondary purpose, entail the determination of the extent to which
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Edcon Ltd v Pillemer NO and Others (191/08) [2009] ZASCA 135
In the final analysis the SCA concluded that the award issued by Pillemer was unassailable and was fully complaint with the constitutional standard of reasonableness applicable to CCMA awards as articulated in by the Constitutional Court in Sidumo & another v Rustenburg Platinum Mines Ltd & others (2007) 28 ILJ 2405 (CC).
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Article 29/2021 | SALLR
In Sidumo and Another v Rustenburg Platinum Mines Ltd and Others 2008 (2) SA 24 (CC); (2007) 28 ILJ 2405 (CC); [2007] 12 BLLR 1097 (CC); (2008) 19 SALLR 35 (CC), the constitutional court held that 'the reasonableness standard should now suffuse s145 of the LRA', and that the threshold test for the reasonableness of an award was: '…Is the decision reached by the commissioner one that …
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AN ANALYSIS OF THE SUBSTANTIVE FAIRNESS IN CASES OF ...
Platinum Mines and Others1. The Constitutional Court rejected the employer ... setting decision in the Sidumo case. 1 (2007) 28 ILJ 2405 (CC) 2 Supra, note 1, para 78 3 (2010) 31 ILJ 2475 (LC) ... Prior to the Constitutional Court case of Sidumo and Another v Rustenburg Platinum Mines and Others7, hereinafter referred to as Sidumo case, ...
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CASE LAW FOR COMMISSIONERS
Sidumo and another v Rustenburg Platinum Mines Ltd & others (2007) 28 ILJ 2405 (CC) [2007] 12 BLLR 1097 (CC) 1.2 Determining fairness 1.2.1 National Union of Metalworkers of South Africa v Vetsak Co-Operative Ltd and others 1996 (4) SA 577 (A); 1996 17 ILJ 455 (A) 1.2.2 Sidumo and another v Rustenburg Platinum Mines Ltd & others (2007) 28 ILJ ...
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SIDUMO REVISITED – AN ARTICLE ON THE DEVELOPMENT …
judgment of Sidumo v Rustenburg Platinum Mines Ltd ((2007) 28 ILJ 2405 (CC)), and consequently ascertain the correct approach to be adopted by our Labour Courts in the application of such test. The secondary purpose entails the determination of the extent to which Labour Court judges interfere with the merits of awards and the
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I am unhappy with the Arbitration Award given, what now ...
In the landmark case of Sidumo & Another v Rustenburg Platinum Mines Ltd & Others (2007) 28 ILJ 2405 (CC), the Constitutional Court held that the test for the review of a Commissioner's arbitration awards is as follows: "Is the decision reached by the Commissioner one that a reasonable decision-maker could not reach? If so, is it reviewable?
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When is an Arbitration Award Reviewable?
In the landmark case of Sidumo & Another v Rustenburg Platinum Mines Ltd & Others (2007) 28 ILJ 2405 (CC), the Constitutional Court held that the test for the review of a Commissioner's arbitration awards is as follows: "Is the decision reached by the Commissioner one that a reasonable decision-maker could not reach? If so, it is reviewable.
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Sidumo revisited - the judgment of the constitutional ...
The primary purpose of this article is to revisit and reconsider the development of the review test set out in the Constitutional Court judgment of Sidumo v Rustenburg Platinum Mines Ltd ((2007) 28 ILJ 2405 (CC)) and consequently ascertain the correct approach to be adopted by our Labour Courts in the application of such test. The secondary purpose, entails the determination of the extent to ...
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sidumo v rustenburg platinum mines cc
The primary purpose of this article is to revisit and reconsider the development of the review test set out in the Constitutional Court judgment of Sidumo v Rustenburg Platinum Mines Ltd ((2007) 28 ILJ 2405 (CC)) and consequently ascertain the correct approach to be adopted by our Labour Courts in the application of such test
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media summary of sidumo v rustenburg platinum mines 2008
Corporate Governance: Index (Part 2) - michalsons [Constitutional Court] Sidumo v Rustenburg Platinum Mines Ltd (GF 6778) [Navsa AJ et al, 5102007] [2007] 12 BLLR 1097; 2008 (2) BCLR 158; (2007) 28 ILJ 2405; [2007] JOL 20811 (CC) Appeal allowed – CCMA award of reinstatement restored after nearly 7 years – CCMA must decide whether employer's decision to terminate is for a fair reason ...
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media summary of sidumo v rustenburg platinum mines 2008
In Sidumo Another v Rustenburg Platinum Mines Ltd Others 2007 28 ILJ 2405 CC the Constitutional Court held that the test to be used when determining whether an arbitration award would be unreasonable and therefore reviewable is whether the decision of the arbitrator is a decision that a reasonable decision maker could not reach...
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IN THE LABOUR COURT OF SOUTH AFRICA
6. In Sidumo & Another v Rustenburg Platinum Mines Ltd & Others (2007) 28 ILJ 2405 (CC) the Constitutional Court held that the test to be used when determining whether an arbitration award would be unreasonable, and therefore reviewable, is whether the decision of the arbitrator is a decision "that a reasonable decision maker could not reach ...
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Your Guide to Labour Law in South Africa | Labour Guide
In Sidumo & Another v Rustenburg Platinum Mines Ltd & Others (2007) 28 ILJ 2405 (CC) the Constitutional Court held that the test to be used when determining whether an arbitration award would be unreasonable, and, therefore, reviewable, is whether the decision of the arbitrator is a decision "that a reasonable decision maker could not reach ...
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Sidumo and Another v Rustenburg Platinum Mines Ltd and Others
Sidumo and Another v Rustenburg Platinum Mines Ltd and Others. Application to the Constitutional Court against a judgment ot the SCA: Rustenburg Platinum Mines Ltd (Rustenburg Section) v Commission for Conciliation, Mediation and Arbitration 2007 (1) SA 576 (SCA); [2006] 11 BLLR 1021 (SCA); (2006) 27 ILJ 2076 (SCA).
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The major difference between the judgment of Sidumo 60 and ...
Sidumo & Another v Platinum Mines Ltd Others ( 2008) 28 ILJ 2405 (cc) 2008 29 ILJ 1635 130 C Hoexter, Administrative Law in South Africa, (2012) p108 131 Sidumo & another v Rustenburg Platinum Mines Ltd & others supra 132 N Smit, When is a Dismissal an
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Mines case still relevant? Is considering the factors as ...
The principles outlined by the Sidumo vs. Rustenburg Platinum Mines Ltd. (2007) 28 ILJ 2405 (CC) which are as follow: The importance of the rule that has been breached: The question to ask here is "why is this rule so important and what could happen if an employee breaches this rule?"
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IN THE HIGH COURT OF JOHANNESBURG
commissioners---Test for review---Restatement of test set out in Sidumo and Another v Rustenburg Platinum Mines Ltd and Others (2007) 28 ILJ 2405 (CC)---Commissioner misdirection on procedural fairness of dismissal immaterial for the determination of substantive fairness of dismissal--- …
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CONSTITUTIONAL COURT OF SOUTH AFRICA Case CCT 85/06 …
Medium Neutral Citation: [2007] ZACC 22 Sidumo and Congress of South African Trade Unions v Rustenburg Platinum Mines Ltd, Commission for Conciliation, Mediation and Arbitration and Moropa NO Decided on: 5 October 2007 MEDIA SUMMARY The following media summary is provided to assist the media in reporting this case and is
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TITLE An analysis of the test for review as set down in ...
& another v Rustenburg Platinum Mines Ltd &others (2007) BLLR 1097 (CC) (herein after referred to as Sidumo), judgement. An analysis of case law is undertaken in order to determine whether the test is now in decline. This is achieved by exploring the relevant case law and cases that were
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Sidumo and Another v Rustenburg Platinum Mines Ltd and ...
Sidumo and Another v Rustenburg Platinum Mines Ltd and Others (CCT 85/06) [2007] ZACC 22; [2007] 12 BLLR 1097 (CC); 2008 (2) SA 24 (CC) ; (2007) 28 ILJ 2405 (CC); 2008 (2) BCLR 158 (CC) (5 October 2007) ... which as its name suggests, is a company principally involved in mining platinum, employed Mr Sidumo as part of its Security Services. He ...
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Re(viewing) the Constitutional Court's decision in Sidumo ...
In Sidumo v Rustenburg Platinum Ltd (2007 12 BLLR 1097 (CC); 2007 28 ILJ 2405 (CC); 2008 2 SA 24 (CC)) the Constitutional Court made two findings of immense significance for dismissed employees: firstly, the court rejected the use of the so-called "reasonable employer" test in our law, which required arbitrators and courts evaluating the fairness of a dismissal for proven misconduct to treat ...
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SIDUMO REVISITED – THE JUDGMENT OF THE …
review test set out in the Constitutional Court judgment of Sidumo v Rustenburg Platinum Mines Ltd ((2007) 28 ILJ 2405 (CC)) and consequently ascertain the correct approach to be adopted by our Labour Courts in the application of such test. The secondary purpose, entails the determination of the extent to which Labour Court
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Sidumo review test as interpreted in Fidelity Cash MS (LAC)
Original Sidumo test. In October 2007, the Constitutional Court overturned the landmark decision of the Supreme Court of Appeal. Sidumo v Rustenburg Platinum Mines Ltd [Navsa AJ et al, 5.10.2007] [2007] 12 BLLR 1097; (2007) 28 ILJ 2405 & [2007] JOL 20811 (CC) overturning. Rustenburg Platinum Mines Ltd v CCMA [Cameron JA et al, 26.09.2006]
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The sanction of a disciplinary hearing must be fair and ...
The following factors as laid down per Sidumo and Another v Rustenburg Platinum Mines Ltd and Others (2007) 28 ILJ 2405 (CC) are, inter alia, pertinent and should be equally considered (and weighed against each other) in determining an appropriate sanction for the misconduct – the nature and seriousness of the charge the employee found guilty of;
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CLEARING THE INTERSECTION ADMINISTRATIVE LAW AND …
Sidumo & Another v Rustenburg Platinum Mines Ltd & Others5 arose out of a dismissal in the private rather than the public sector, but administrative law was again relevant by virtue of an arbitration award by the Commission for 1 1991 1 SA 21 (A) (Zenzile). 2 The legislation of the time, the Labour Relations Act 28 of 1956, excluded state
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Life after Sidumo: clarifying the review test - Werksmans
Sidumo v Rustenburg Platinum: Impact on disciplinary hearings in the workplace Summary Prior to the Constitutional Court's decision in the Sidumo and another v Rustenburg Platinum Mines Ltd and others (2007) lACC 22 the Commission for Conciliation Mediation and Arbitration applied the "reasonable employer"-test to determine
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[2007] ZACC 22 Z SIDUMO First Applicant
first respondent, Rustenburg Platinum Mines Ltd (the Mine), which as its name suggests, is a company principally involved in mining platinum, employed Mr Sidumo as part of its Security Services. He was a constable until 1992. Thereafter he was promoted to the position of a Grade II patrolman. On 20 January 2000, Mr Sidumo
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