Gerber v Stanlib Asset Management (Pty) Ltd (JA92/20)
Gerber v Stanlib Asset Management (Pty) Ltd (JA92/20) [2021] ZALAC 51; [2022] 3 BLLR 251 (LAC); (2022) 43 ILJ 1080 (LAC) (13 December 2021)
The court found that the appellant's employment contract validly incorporated the Disciplinary Code and Grievance Procedures, which included the compulsory private arbitration clause, by reference. The appellant was provided with the relevant documents and directed to acquaint himself with their contents. The clause had been in effect since 2002 and applied to all employees within the Liberty Group and its subsidiaries, including the respondent. The Labour Court correctly determined that it lacked jurisdiction over claims B and D, as the disputes fell within the scope of the arbitration agree…
Source excerpt
- Compulsory Private Arbitration
- Incorporation By Reference
- Unfair Dismissal
- Jurisdiction Of Labour Court
- Pacta Sunt Servanda