Appels v Education Labour Relations Council (ELRC) and Others (JA19/18)
Appels v Education Labour Relations Council (ELRC) and Others (JA19/18) [2019] ZALAC 49; [2019] 10 BLLR 985 (LAC); (2019) 40 ILJ 2284 (LAC) (10 July 2019)
The Labour Appeal Court held that the ELRC constitution, as a collective agreement concluded under section 51(9) of the LRA, lawfully prescribes a 30-day referral period for promotion disputes. The time period for referral is a procedural matter, not a substantive right, and the LRA empowers bargaining councils to regulate such procedures to suit sectoral exigencies. The reduction of the referral period does not deprive parties of the right to be heard, as condonation for late referral remains available. The distinction between substantive and procedural rights is material; only substantive r…
Source excerpt
- Collective Agreements
- Unfair Labour Practice
- Promotion Disputes
- Time Bar
- Condonation
- Bargaining Council Procedure