1. CURRENT LABOUR LAW 2009 PETER LE ROUX

2. PRACTICE AND PROCEDURE PETER LE ROUX

3. CHIRWA v TRANSNET LTD AND OTHERS [2008] 2 BLLR 97 (CC) Public sector employees are not entitled to utilise administrative law remedies. Labour Court has sole jurisdiction to consider claims arising from the employment sphere?

4. CHIRWA EXPLAINED Gcaba v Minister of Safety and Security and Others (CCT 64/08[2009] ZACC 26.) Generally employment and labour relationship issues do not amount to administrative action. See also National Director of Public Prosecutions and Others v Tshavhungwa and Others (9328/08 & 593/08 [2009] ZASCA 136 )

5. CHIRWA – ANOTHER REMEDY? Nxele v Chief Deputy Commissioner, Corporate Services, Department of Correctional Services and Others [2008] 12 BLLR 1179 (LAC) – principle of legality?

6. CHIRWA- ANOTHER REMEDY? Ntshangase v MEC for Finance: KwaZulu-Natal and Another (402/08) [2009] ZASCA 123 – review based on s158(1)(h) of the LRA This section states that the Labour Court may – “…review any decision taken or any act performed by the State in its capacity as employer on such grounds as are permissible in law”.

7. INTERDICTING DISCIPLINARY PROCEDURES AND ARBITRATIONS Booysen v SAPS and Another [2008] 10 BLLR 928 (LC). Jiba v Minister of Justice and Constitutional Development [2009] 10 BLLR 989 (LC). Trustees for the Time Being of the National Bioinformatics Trust v Jacobson and Others [2009] 8 BLLR 833 (LC).

8. REMEDIES FOR UNFAIR DISMISSAL Equity Aviation Services (Pty) Ltd v CCMA and Others [2008] 12 BLLR 1129 (LC) – compensation and reinstatement, independent remedies – reinstatement can be made retrospective for more than 12 months.

9. TEST FOR REVIEWING PRIVATE ARBITRATION AWARDS Clear Channel Independent (Pty) Ltd v Savage NO and Another [2009] 5 BLLR 439 (LC), Steyn v Middelburg Ferrochrome (a division of Samcor Ltd) and Others (2009) 30 ILJ 1637 (LC) – test for review of private arbitration awards are those set out in section 33 of the Arbitration Act.

10. STAYING ARBITRATION AWARDS AND WRITS OF EXECUTION Robor (Pty) Ltd (Tube Division) v Joubert and Others [2009] 8 BLLR 785 (LC). Bartmann AAC & Bartmann MME t/a Khaya Ibhubesi v De Lange CLG and Another [2009] 9 BLLR 872 (LC).

11. JURISDICTIONAL CERTIFICATES OF NON- RESOLUTION Gold Fields Mining South Africa (Pty) Ltd (Kloof Gold Mine) v Commission for Conciliation, Mediation and Arbitration and Others (JR 2006)/083/7/09. Strautman v Silver Meadows Trading 99 (Pty) Ltd t/a Mugg and Bean [2009] 10 BLLR 1007 (LC)

12. JOINDER Gordon v Department of Health: KwaZulu-Natal [2008] 11 BLLR 1023 (SCA).