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The labour court sends strong message about union litigation via the CCMA; some workplace 'jokes' have severe consequences; it seems inevitable that AI will lead to legal disruptions
In a ruling on a dispute with SAA during a restructuring process, the labour court held that the unions impermissibly morphed the dispute about a retrenchment process into an unfair labour practice dispute. Parties who refer disputes to the CCMA bear the onus to establish the CCMA’s jurisdiction in the matter.
In a CCMA ruling upholding the firing of a Ford Motor Company employee over a post, later deleted and characterised as “a joke”, suggesting the plant would close as a result of stage 6 load-shedding, the commissioner noted that some issues were not a matter for a joke and the misconduct was severe.
Columnist Patrick Bracher suggests that the effect of the self-generating intelligence of computer systems must lead to a revision of the basic concepts of law.
More on these stories and others, available in this month's Business Law & Tax, the first edition for 2024.