Mnguti v Commission for Conciliation Mediation and Arbitration N.O. and Others (JR 349 / 12) [2015] ZAGPJHC 344 (28 August 2015)

Flynote

CCMA arbitration proceedings – Review of proceedings, decisions
and awards of commissioners – Test for review – Section 145 of LRA 1995 – Review concerning issue of jurisdiction – Test of rationally and
reasonableness does not apply – award considered de novo on the basis of being right or wrong.
Resignation – conduct constituting resignation – principles considered.
Dismissal – determination of existence of dismissal – finding that no dismissal exists upheld.
Review of award – conclusion of arbitrator correct – Arbitration award upheld – review dismissed.


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  1. Labour Relations Act, 1995

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