Assessing 'intolerability' in dismissals
The LAC in Golden Arrow Bus Services v CCMA & Others had to the consider whether the high intolerability threshold required to justify not ordering reinstatement as a remedy for unfair dismissal under s193(2)(b) of the LRA, had been reached.
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Alan Rycroft (BA LLB LLM) Alan is Emeritus Professor of Commercial Law at the University of Cape Town. Prior to joining UCT he was Dean of the Faculty of Law at the University of Natal. He is an admitted attorney with extensive experience in the labour law field. He was a part time senior commissioner with the CCMA and has spent many years mediating and arbitrating labour disputes. Alan is the author and co-author of several books and many articles on labour law, discrimination and alternative dispute resolution. These include “A Guide to South African Labour Law”,”Mediation : Principles, Process and Practice”, “Trade Unions and the Law in South Africa” and “Harassment in the Workplace” Alan has authored much of the content on Worklaw and spends much of his time answering subscriber queries posted through the Worklaw helpline.
Tanya Venter (BA LLB) Tanya is an Advocate of the High Court and CEO of Tokiso Dispute Settlement (Pty) Ltd. She has been an acting judge in the Labour Court, and brings a wealth of experience and expertise in dispute resolution and the broader labour law field. She has a particular interest in presiding over matters concerning fraud and corruption, and discrimination, particularly at an executive level. This includes conducting forensic, workplace and harassment investigations. Tanya is an internationally accredited commercial mediator, and she has overseen large dispute resolution projects in multiparty environments, including but not limited to the mining, construction, professional services and insurance industries.
Bruce Robertson (B Comm LLB LLM) Bruce is an attorney with over forty years' experience in labour relations and the dispute resolution fields. He has spent most of his working life mediating and arbitrating labour disputes and providing training in related fields. He was a part time senior commissioner with the CCMA and a member of the conciliation and arbitration panels of a number of bargaining councils. Bruce was contracted by the International Labour Office (ILO) to assist in implementing labour arbitration in a number of Southern African countries, which required reviewing their legislation, drafting the required codes of good practice, and training their arbitrators. Bruce is a member of Tokiso, and his time is committed to ensuring Worklaw is a leading labour law information and advice service in South Africa.
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