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MRL3702 Assignment 1 Semester 2 2023 (569426) - DUE 18 August 2023
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MRL3702 Assignment 1Semester 2 2023
(569426)
QUESTIONS AND
ELABORATE
ANSWERS
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Study the case Foskor Limited v Commission for Conciliation, Mediation and
Arbitration and Others (JR 1003/2011) [2022] ZALCJHB 28 (17 February 2022) and
write a two-page legal opinion about the case. Your legal opinion must have the
following –
• summary of the facts (2)
• issue(s) in dispute in the case (1)
• the court’ decision (1)
• At the end provide a well-supported legal opinion which should cover the
importance of the case (importance of the case (this is important as it carries
more marks). (6) TOTAL: [10]
Legal Opinion on Foskor Limited v Commission for Conciliation,
Mediation and Arbitration and Others (JR 1003/2011) [2022] ZALCJHB
28 (17 February 2022)
Summary of the Facts: The case of Foskor Limited v Commission for
Conciliation, Mediation and Arbitration and Others revolves around a labor
dispute between Foskor Limited, a mining company in South Africa, and its
employees represented by the Commission for Conciliation, Mediation, and
Arbitration (CCMA). The dispute centers on the interpretation and
application of certain provisions in the employees' employment contracts,
specifically related to overtime pay and rest periods.
The employees, who were members of a trade union, approached the
CCMA to lodge a complaint regarding Foskor Limited's failure to
adequately compensate them for overtime work and the alleged denial of
proper rest periods in accordance with their employment contracts. The
CCMA facilitated arbitration to resolve the matter, and after considering the
evidence and arguments presented by both parties, it issued an arbitration
award in favor of the employees, granting them additional compensation
for overtime work and mandating the provision of adequate rest periods.
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