DEMAWUSA and Others v City of Johannesburg (J1849/2019)
DEMAWUSA and Others v City of Johannesburg (J1849/2019) [2019] ZALCJHB 368; (2020) 41 ILJ 912 (LC); [2020] 6 BLLR 574 (LC) (7 November 2019)
The Labour Court lacks jurisdiction to adjudicate claims of unlawful suspension and unlawful deductions from remuneration where the applicants do not rely on fairness but solely on lawfulness. The applicants' claim regarding suspension is based on an alleged breach of a collective agreement, which must be resolved through the dispute resolution mechanisms prescribed by section 24 of the LRA, namely conciliation and arbitration. The claim regarding unlawful deductions under section 34 of the BCEA must be pursued through the enforcement mechanisms established by the BCEA, typically involving a…
Source excerpt
- Jurisdiction Of Labour Court
- Unlawful Suspension
- Unlawful Deductions
- Collective Agreement Disputes
- Basic Conditions Of Employment Act
- Final Interdict