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The judicial review of CCMA awards in South Africa
Mini Dissertation (LLM (Labour Law)--University of Pretoria, 2024.
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| Other Authors: | |
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| Format: | Thesis |
| Language: | English |
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University of Pretoria
2025
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| _version_ | 1867613450365042688 |
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| access_status_str | Open Access |
| author2 | Van Eck, P.B.S. |
| author_browse | Van Eck, P.B.S. |
| author_facet | Van Eck, P.B.S. |
| collection | Thesis |
| dc_rights_str_mv | © 2023 University of Pretoria. All rights reserved. The copyright in this work vests in the University of Pretoria. No part of this work may be reproduced or transmitted in any form or by any means, without the prior written permission of the University of Pretoria. |
| description | Mini Dissertation (LLM (Labour Law)--University of Pretoria, 2024. |
| format | Thesis |
| id | oai:repository.up.ac.za:2263/100328 |
| institution | University of Pretoria (South Africa) |
| language | English |
| last_indexed | 2026-06-10T12:36:20.438Z |
| license_str | Other — see source repository |
| provenance_str_mv | Harvested via OAI-PMH from UPSpace — University of Pretoria Institutional Repository |
| publishDate | 2025 |
| publishDateRange | 2025 |
| publishDateSort | 2025 |
| publisher | University of Pretoria |
| publisherStr | University of Pretoria |
| record_format | dspace |
| source_str | UPSpace — University of Pretoria Institutional Repository |
| spelling | oai:repository.up.ac.za:2263/100328 The judicial review of CCMA awards in South Africa Van Eck, P.B.S. endres.karla@gmail.com Endres, Karla UCTD Sustainable Development Goals (SDGs) Review Section 145 of the Labour Relations Act (LRA) Appeal The constitution Dispute resolution Mini Dissertation (LLM (Labour Law)--University of Pretoria, 2024. The Labour Relations Act 66 of 1995 (“LRA”) brought fundamental changes to the South African labour dispute resolution system. The LRA is a codification of section 23 of the Constitution, being the right to fair labour practices. In line herewith employees are protected from being unfairly dismissed or having unfair labour practices committed against them by the employer. An aggrieved employee is entitled to challenge the dismissal or the unfair labour practice at the Commission for Conciliation, Mediation and Arbitration (“CCMA”). A right to review the outcome thereof rests with the Labour Court. Prior to the enactment of the LRA an employee had the right to appeal the outcome of the Industrial Court. The appeal process has subsequently been replaced with a review. The grounds for review are limited and set out in section 145(2)(a) of the LRA. Together with the grounds listed in section 145(2)(a) of the LRA, the Constitutional Court in Sidumo has formulated the test for reasonableness being; whether the decision reached by a commissioner is one that a reasonable decision-maker could reach? Since Sidumo, litigants have struggled to understand the impact the test has on the listed grounds for review and the Labour Court grapples with the level of intensity that it may delve into the merits of the matter. Inconsistent application of the review test continuous and some authors call for a return of the review, while others suggest that statutory reform is necessary. This study suggests that section 145(2)(a) of the LRA should be amended to include reasonableness as a ground for review and to allow the listed grounds to stand separate from the Sidumo requirement. Mercantile Law LLM Unrestricted Faculty of Laws SDG-16: Peace, justice and strong institutions 2025-01-28T08:37:55Z 2025-01-28T08:37:55Z 2025-04 2024-09-05 Mini Dissertation *Review CCMA awards A2025 http://hdl.handle.net/2263/100328 https://library.up.ac.za/c.php?g=356288p=6340909 en © 2023 University of Pretoria. All rights reserved. The copyright in this work vests in the University of Pretoria. No part of this work may be reproduced or transmitted in any form or by any means, without the prior written permission of the University of Pretoria. application/pdf University of Pretoria |
| spellingShingle | UCTD Sustainable Development Goals (SDGs) Review Section 145 of the Labour Relations Act (LRA) Appeal The constitution Dispute resolution The judicial review of CCMA awards in South Africa |
| title | The judicial review of CCMA awards in South Africa |
| title_full | The judicial review of CCMA awards in South Africa |
| title_fullStr | The judicial review of CCMA awards in South Africa |
| title_full_unstemmed | The judicial review of CCMA awards in South Africa |
| title_short | The judicial review of CCMA awards in South Africa |
| title_sort | judicial review of ccma awards in south africa |
| topic | UCTD Sustainable Development Goals (SDGs) Review Section 145 of the Labour Relations Act (LRA) Appeal The constitution Dispute resolution |
| url | http://hdl.handle.net/2263/100328 https://library.up.ac.za/c.php?g=356288p=6340909 |