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South Africa Case Law

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Labour Law [2024] ZALCJHB 177

Laudium Secondary School Governing Body v Mooloo (JS793/21)

Laudium Secondary School Governing Body v Mooloo (JS793/21) [2024] ZALCJHB 177 (2 May 2024)

Court
Labour Court Johannesburg
Case number
JS793/21
Judge
RN Daniels

The Labour Court has jurisdiction to adjudicate disputes concerning automatically unfair dismissal based on discrimination relating to religion, belief, and political opinion, as provided by section 187(1)(f) and section 191(5)(b) of the Labour Relations Act. The Employment Equity Act does not apply to unfair dismissal disputes, which must be referred under the LRA. The requirement for referral to the Labour Court is satisfied either by the issuance of a certificate of non-resolution or the expiry of 30 days from referral to the CCMA; actual conciliation or a certificate is not a jurisdiction…

Source excerpt

  • Automatically Unfair Dismissal
  • Religious Discrimination
  • Political Opinion Discrimination
  • Fixed Term Contracts
  • Jurisdiction Of Labour Court
  • Conciliation Certificate Requirement
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Labour Law [2021] ZALCJHB 343

Matunga v G and R Hydraulics (Pty) Ltd (JS991/20)

Matunga v G and R Hydraulics (Pty) Ltd (JS991/20) [2021] ZALCJHB 343 (29 September 2021)

Court
Labour Court Johannesburg
Case number
JS991/20
Judge
I.I Mahomed

The Labour Court does not have jurisdiction to adjudicate the applicant's automatically unfair dismissal claim because the MEIBC has not issued a certificate of deadlock in respect of the dismissal dispute. The statutory scheme under the Labour Relations Act requires that, before the Labour Court may adjudicate such a claim, the dispute must first be conciliated and a certificate of outcome must be issued, or 30 days must lapse after referral with the dispute remaining unresolved. In this case, no conciliation of the dismissal dispute occurred and no certificate was issued. The applicant's re…

Source excerpt

  • Automatically Unfair Dismissal
  • Jurisdiction Of Labour Court
  • Conciliation Certificate Requirement
  • Referral Time Limits
  • Special Plea
  • Stay Of Proceedings
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South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.