Full Text Available
Note: Clicking the button above will open the full text document at the original institutional repository in a new window.
From Sidumo to Dunsmuir the test for review of CCMA arbitration awards
Includes abstract.
Saved in:
| Main Author: | |
|---|---|
| Other Authors: | |
| Format: | Thesis |
| Language: | English |
| Published: |
Department of Commercial Law
2014
|
| Subjects: | |
| Tags: |
No Tags, Be the first to tag this record!
|
| _version_ | 1867613228966608896 |
|---|---|
| access_status_str | Open Access |
| author | Fergus, Emma |
| author2 | Rycroft, Alan |
| author_browse | Fergus, Emma Rycroft, Alan |
| author_facet | Rycroft, Alan Fergus, Emma |
| author_sort | Fergus, Emma |
| collection | Thesis |
| description | Includes abstract. |
| format | Thesis |
| id | oai:open.uct.ac.za:11427/4607 |
| institution | University of Cape Town (South Africa) |
| language | eng |
| last_indexed | 2026-06-10T12:32:47.627Z |
| license_str | Not specified — see source repository |
| provenance_str_mv | Harvested via OAI-PMH from UCTD — University of Cape Town Open Access Repository |
| publishDate | 2014 |
| publishDateRange | 2014 |
| publishDateSort | 2014 |
| publisher | Department of Commercial Law |
| publisherStr | Department of Commercial Law |
| record_format | dspace |
| source_str | UCTD — University of Cape Town Open Access Repository |
| spelling | oai:open.uct.ac.za:11427/4607 From Sidumo to Dunsmuir the test for review of CCMA arbitration awards Fergus, Emma Rycroft, Alan Commercial Law Includes abstract. Includes bibliographical references. This thesis seeks to identify the test for judicial review of arbitration awards issued by the Commission for Conciliation, Mediation and Arbitration ('CCMA'). Currently, that test is set out in section 145 of the Labour Relations Act 66 of 1995 ('LRA'), read with the Constitutional Court's decision in Sidumo & another v Rustenburg Platinum Mines Ltd & others [2007] 12 BLLR 1097 (CC). In terms of Sidumo, section 145 of the LRA has been suffused by the standard of reasonableness, consistently with the right to just administrative action found in section 33 of the Constitution of the Republic of South Africa, 1996 ('the Constitution'). In search of a clear formulation of the test, an extensive examination of South African case law on the subject is undertaken. Thereafter, relevant principles of judicial review in South Africa in the administrative sphere generally are considered. Finally, an assessment of Canadian case law and commentary in this field is conducted. The conclusion to this thesis proposes a revised test for review of CCMA awards. The principal research findings begin by recognising the significance of efficiency, accessibility, flexibility and informality to ensuring fair and efficacious labour dispute resolution. The implication of this is that the test for review of CCMA awards should not be too exacting. Still, section 33 of the Constitution cannot be ignored and a broader ambit of review may therefore be necessary in certain instances. In fact, to maintain legal certainty, intrusive review may sometimes be crucial. These factors must be balanced when formulating a reliable and practical approach to review of CCMA awards. A key finding of this thesis is that – ostensibly due to the complexity of doing so – the Labour Courts have struggled to apply the current test for review consistently, fairly or predictably. 2014-07-30T18:12:55Z 2014-07-30T18:12:55Z 2013 Doctoral Thesis Doctoral PhD http://hdl.handle.net/11427/4607 eng application/pdf Department of Commercial Law Faculty of Law University of Cape Town |
| spellingShingle | Commercial Law Fergus, Emma From Sidumo to Dunsmuir the test for review of CCMA arbitration awards |
| thesis_degree_str | Doctoral |
| title | From Sidumo to Dunsmuir the test for review of CCMA arbitration awards |
| title_full | From Sidumo to Dunsmuir the test for review of CCMA arbitration awards |
| title_fullStr | From Sidumo to Dunsmuir the test for review of CCMA arbitration awards |
| title_full_unstemmed | From Sidumo to Dunsmuir the test for review of CCMA arbitration awards |
| title_short | From Sidumo to Dunsmuir the test for review of CCMA arbitration awards |
| title_sort | from sidumo to dunsmuir the test for review of ccma arbitration awards |
| topic | Commercial Law |
| url | http://hdl.handle.net/11427/4607 |
| work_keys_str_mv | AT fergusemma fromsidumotodunsmuirthetestforreviewofccmaarbitrationawards |