Andrews v MEC for Health of the Western Cape (A08/2011)
Andrews v MEC for Health of the Western Cape (A08/2011) [2011] ZAWCHC 451 (5 August 2011)
The court held that the appellant's dispute regarding his accommodation at Alexandra Hospital, and the Department's termination of this benefit, was employment-related and fell within the definition of an unfair labour practice under section 186(2)(a) of the Labour Relations Act. The Public Health & Welfare Sectoral Bargaining Council was the competent forum to resolve such disputes, and the Magistrate's Court should not have pre-empted the Bargaining Council's determination. The eviction application should have been stayed pending the final outcome of the Bargaining Council proceedings. The…
Source excerpt
- Unfair Labour Practice
- Employment Benefits
- Jurisdiction Of Labour Forum
- Stay Of Eviction
- Section 186 Lra