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Lesego Ralekoa

As seen in: Daily Maverick, Mondaq
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Articles by Lesego Ralekoa

When Is It Considered "Just And Equitable" To Stay Arbitration Proceedings

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By Lesego Ralekoa, Tshepo Mofokeng
| Mondaq
Section 158(1B) of the Labour Relations Act ("LRA") prohibits the Labour Court from reviewing any decision or ruling made during conciliation or arbitration proceedings conducted under the aegis of the Commission for Conciliation, Mediation and Arbitration ("CCMA") or any bargaining council before the issue in dispute has been finally determined by the CCMA or the bargaining council. However, the Labour Court may intervene if it is of the opinion that it is "just and equitable" to do so.
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Is There Space For Suspended Dismissals In Labour Law?

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By Lesego Ralekoa, Nomampondo Banzi
| Mondaq
It is well established in South African law that disciplinary policies and codes are guidelines aimed at ensuring fair labour practices. At times, a deviation from the disciplinary policy or code may be condoned as long as the deviation does not compromise procedural and substantive fairness and is not in contravention of existing agreements.
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BUSINESS MAVERICK OP-ED: Take it or leave: The legal rights of employers and employees around dismissal and Covid-19 vaccinations

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By Silindokuhle Magagula, Lesego Ralekoa
| Daily Maverick Verified
(Photo: Gallo Images / Lefty Shivambu) With the roll-out of the Covid-19 vaccine in motion, numerous employers are wanting to impose mandatory vaccination as part of their health and safety protocols. The question is whether employers may fairly dismiss their employees for refusing to take the vaccine? In this article, we deal with the legal position relevant to this question. Previous articles in this occasional series can be read here and here and here. Is the dismissal automatically unfair?
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