Oageng v Mfati N.O. and Others (JR1708/20)
Oageng v Mfati N.O. and Others (JR1708/20) [2022] ZALCJHB 336 (28 November 2022)
The court found that the commissioner erred in concluding that the CCMA lacked jurisdiction. The employment contract contained clauses that empowered the employer to terminate the relationship for failure to disclose relevant information, which constitutes a dismissal as defined in the LRA. The distinction between a criminal charge and a conviction was material, and the applicant's failure to disclose a pending charge did not automatically disqualify him under the contract. Therefore, the CCMA had jurisdiction to arbitrate the dispute, and the jurisdictional ruling was set aside.
Source excerpt
- Jurisdiction Of Ccma
- Unfair Dismissal
- Employment Screening
- Suspensive Conditions
- Mine Health And Safety Act