Aminto Precast and Civil Engineering CC v CCMA and Others (JR 790/22)
Aminto Precast and Civil Engineering CC v CCMA and Others (JR 790/22) [2023] ZALCJHB 55; [2023] 6 BLLR 521 (LC); (2023) 44 ILJ 1491 (LC) (17 March 2023)
The court held that a lay-off implemented due to operational requirements does not amount to a suspension as contemplated by section 186(2)(b) of the Labour Relations Act. The commissioner erred in law by conflating lay-off with suspension and thereby incorrectly assumed jurisdiction to arbitrate the dispute. The statutory definition of unfair labour practice is closed and does not include lay-offs unless they are disciplinary in nature or arise from protected disclosures. As the conduct complained of did not fall within the statutory definition, the CCMA lacked jurisdiction and the arbitrati…
Source excerpt
- Unfair Labour Practice
- Suspension
- Lay Off
- Jurisdiction Of Ccma
- Operational Requirements
- Arbitration Review