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In Dispute Resolution

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The perils of performance prior to signing a written agreement

An unsigned agreement is still an agreement.

The Consumer Protection Bill – Changing the Face of Litigation and Dispute Resolution By Kevin Iles

The Consumer Protection Bill is the Department of Trade and Industry’s omnibus consumer protection legislation which has been passed by Parliament and is currently awaiting the President’s signature.


Internalising the costs of defective products By Pumzo Mbana

During the second half of 2008 milk tainted with melamine, an industrial chemical used in plastics and which can make the protein content of milk and other products appear higher, was discovered in Chinese baby formula.

DELAYS IN PROSECUTING REVIEW APPLICATIONS IN THE LABOUR COURT

The Labour Court is gradually making a stand against parties, especially employers, who bring applications in the Labour Court to review and set aside CCMA or Bargaining Council arbitration awards awarded against them and then fail to take the necessary steps to prosecute those applications to their finality after they had been launched.

Back to Basics: A guideline on how to deal with Hearsay Evidence in Employment related disputes

Despite the fact that dealing with hearsay evidence is now encoded in section 3 of the Law of Evidence Amendment Act 45 of 1988 (‘the Evidence Act”), many lay people (who present at disciplinary hearings and/or arbitrations and/or chair disciplinary hearings) and certain CCMA and Bargaining Council Arbitrators labour under the misconception that any and all hearsay evidence is inadmissible

THE NATIONAL BARGAINING COUNCIL FOR THE ROAD FREIGHT INDUSTRY – A SOUTH AFRICAN

Prior to the political change in 1994, South African collective bargaining was characterised by high levels of adversarialism and conflict with a strong focus on positions, demands, power and war talk. It was also frequently accompanied by strikes, boycotts and violence.

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