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This is an application in terms of section 145(1) and section - saflii

This is an application in terms of section 145(1) and section - saflii 2025

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The document is a judgment from the Labour Court of South Africa regarding an application by Mutual and Federal Insurance Co. Ltd to review and set aside an arbitration award that reinstated an employee, Sammy Padu, following his dismissal for insubordination and threats. The court found that the commissioner conducting the arbitration committed gross irregularities, including failing to allow proper cross-examination and denying closing arguments, which led to a perception of bias. Consequently, the court set aside the commissioner's decision and ordered a new arbitration hearing with a different commissioner.

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What is review in terms of Section 145 of the LRA?

CCMA awards are subject to review by the Labour Court. This means that a party aggrieved by a decision made by a commissioner in an award may apply to the Labour Court in terms of section 145 of the LRA, to have it set aside on the basis of an alleged defect with that award.

What is Section 145 of the LRA?

Section 145 of the LRA states that the institution of Review proceedings by the aggrieved party does not suspend the operation of an award unless the Applicant furnishes security to the Labour Court.

What is the Labour Relations Act summary?

Labour Relations Act, 66 of 1995 This Act regulates the organisational rights of trade unions and promotes and facilitates collective bargaining at the workplace and at sectoral level. It also deals with strikes and lockouts, workplace forums and alternative dispute resolution.

What is Section 145 8 of the Labour Relations Act?

Section 145(8) states that an award is stayed pending a review application if security is furnished or unless the court directs otherwise.

What is the Schedule 8 of the Labour Relations Act?

Schedule 8 is a code of good practice on dismissing employees and serves as a guideline on when and how an employer may dismiss an employee. An over simplified summary of schedule 8 would be that the employer may dismiss an employee for a fair reason after following a fair procedure.

What is Section 8 of the National Labor Relations Act?

Section 8(a) of the Act defines employer conduct which is unlawful; Section 8(b) does the same for union conduct. An employer may not interfere with, restrain, or coerce employees in the exercise of the rights guaranteed in Section 7 [of the Act].

This is an application in terms of section 145(1) and section - saflii 2025

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This is an application in terms of section 145(1) and section - saflii 2025

Here's how it works

How to rapidly redact This is an application in terms of section 145(1) and section - saflii online

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What is review in terms of Section 145 of the LRA?

What is Section 145 of the LRA?

What is the Labour Relations Act summary?

What is Section 145 8 of the Labour Relations Act?

What is the Schedule 8 of the Labour Relations Act?

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