n Acta Juridica - Refining review
|Article Title||Refining review|
|© Publisher:||Juta Law Publishing|
|Affiliations||1 University of Cape Town and 2 University of Cape Town|
|Publication Date||Jan 2012|
|Pages||170 - 194|
This contribution examines the test for review of CCMA arbitration awards following Sidumo & another v Rustenburg Platinum Mines Ltd & others. In doing so, it emphasises first the efficient, accessible and informal nature of labour dispute resolution prescribed by the Labour Relations Act 66 of 1995 (the LRA). Specifically highlighted in this regard are the features of review, in the light of the LRA's history and objects. The contribution then turns to Sidumo, in which the Constitutional Court held that the standard of reasonableness suffuses s 145 of the LRA. Thereafter, relevant cases in which this standard has been applied are discussed, with reference to the courts' often ambiguous and inconsistent approaches thereto. Cases in which the standard has been (at least) somewhat clarified are considered. Finally, whether the reasonableness standard is detracting from, rather than promoting, the LRA's objectives is questioned.
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