CCMA commissioners come down harshly upon employers
South Africa has possibly the most prescriptive and restrictive labour legislation in the world. Dismissals have to be both procedurally correct and substantively fair. Even if dismissals fulfill this requirement; many are challenged because although a CCMA application might be frivolous and vexatious; punitive costs awards against an ex-employee are seldom made. Conversely, however, CCMA commissioners can come down harshly upon employers. They are empowered to order the re-instatement or re-employment of dismissed employees; with up to 12 month's remuneration. Any employer who wishes to take an arbitration award on review to the Labour Court, must in such cases, furnish "security equivalent to 24 month's remuneration ". (Section 145 (8) (a) of the Labour Relations Act).
Moreover, wildcat strikes and industrial action are now the norm.
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