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30 April 2017
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The CCMA Rules were substantially changed with effect from 1 April 2015. Twenty-nine Rules were amended and four new rules added. New Arbitration Guidelines on Misconduct were also issued by the CCMA to promote consistent decision-making in arbitrations dealing with dismissals for misconduct. These came into effect on 1 April 2015. The fourth edition of the LexisNexis South Africa publication, Rules of the CCMA and the Labour Courts, attempts to simplify the use and understanding of the new rules and provides commentary from an expert author who explains in detail how the new guidelines are applied in court.

The A5 publication contains not only the Rules of the CCMA, but also those of the Labour Court and Labour Appeal Court, as well as the Practice Manual of the Labour Court.  Reference is made to decided cases while practical hints assist with application and clarity regarding CCMA and court practices.

The new Arbitration Guidelines on Misconduct deal with how an arbitrator should:

  • Conduct arbitration proceedings
  • Evaluate evidence for the purpose of making an award
  • Assess the procedural fairness of a dismissal
  • Assess the substantive fairness of a dismissal
  • Determine the remedy for an unfair dismissal

Rules of the CCMA and the Labour Courts with explanatory notes, 4th edition, (ISBN: 9780409124101) is available through the LexisNexis online bookstore at a cost of R 355.68 including VAT, excluding delivery. It can be viewed online here.

About the Author:

Professor Marion Fouchè (B Iuris, LL B, NHD PSE) is a senior CCMA Commissioner and accredited CCMA facilitator/trainer. Marion is also a conciliator and arbitrator for various public and private sector Bargaining Councils like Tokiso and Equillore. She is a professor of Labour Law and an advocate of the High Court.

About LexisNexis® Legal & Professional

LexisNexis Legal & Professional is a leading global provider of content and technology solutions that enable professionals in legal, corporate, tax, government, academic and non-profit organizations to make informed decisions and achieve better business outcomes. As a digital pioneer, the company was the first to bring legal and business information online with its Lexis® and Nexis® services. Today, LexisNexis Legal & Professional harnesses leading-edge technology and world-class content to help professionals work in faster, easier and more effective ways. Through close collaboration with its customers, the company ensures organizations can leverage its solutions to reduce risk, improve productivity, increase profitability and grow their business. LexisNexis Legal & Professional, which serves customers in more than 175 countries with 10,000 employees worldwide, is part of RELX Group plc, a world-leading provider of information solutions for professional customers across industries.

In July 2012, investment firm Tsiya Group, chaired by Fani Titi, acquired a minority interest in LexisNexis® South Africa. Tsiya is a privately owned investment group that was established in 2008 and focuses on acquiring interests in unlisted businesses. The company has a particular interest in the media and information industry and is currently invested in two radio stations, namely Heart FM (which broadcasts in the Western Cape) and Gagasi FM (which broadcasts in KwaZulu-Natal).

Edited by: Creamer Media Reporter
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