Kasipersad v CCMA and Others (D719/02)
Kasipersad v CCMA and Others (D719/02) [2002] ZALC 89; (2003) 24 ILJ 178 (LC); [2003] 2 BLLR 187 (LC) (15 November 2002)
The Commissioner failed to maintain impartiality by presenting only negative scenarios to the applicant and not advising him of possible positive outcomes, leading the applicant to reasonably infer that he was being advised to withdraw his dispute. The Commissioner did not correct this perception when the applicant withdrew based on her advice. Furthermore, the Commissioner did not properly address the severance pay issue, failing to postpone the conciliation to allow engagement between the parties. The applicant was given an opportunity to consult his legal representative, and the requests f…
Source excerpt
- Conciliation Proceedings
- Commissioner Impartiality
- Review Of Ccma Functions
- Procedural Fairness
- Settlement Agreement
- Severance Pay