Arbitration as a method of dispute resolution – Part 2

There are different forms of arbitration. PAA Ramsden enunciates there being consensual arbitration, statutory arbitration (such as the Labour Relations Act 66 of 1995), court-directed arbitration, ad hoc arbitration, institutional arbitration, documents-only arbitration, fast-track arbitration, ex parte arbitration, and multi-party arbitration. All these different forms, according to arbitration proponents, have their own advantages, especially when compared to litigation. In general, these advantages are: Speed/Saving Time  Arbitration is usually quicker in bringing resolution to a dispute than litigation. The primary factors, in this case, being lengthy delays […]

Considerations for dismissal based on refusal to be vaccinated

The distribution of a COVID-19 vaccine is seen as a fundamental component to ending the pandemic. However, mandatory vaccinations in the workplace should be treated with caution by all employers. As it stands, there is currently no legislation in South African law that specifically requires an employee to be vaccinated against COVID-19. As a point of departure, the Occupational Health and Safety Act mandates […]