Rustenburg Platinum Mines v Nosilela and Others (JR381/01)
Rustenburg Platinum Mines v Nosilela and Others (JR381/01) [2002] ZALCJHB 24 (22 January 2002)
The court held that there was no evidence that the 2nd to 22nd respondents had authorised Mr Nosilela to refer the dispute on their behalf. While they signed a list attached to the referral for arbitration, this did not constitute a mandate for the initial referral to the CCMA. The law requires proper authorisation, such as a power of attorney or other mandate, for one employee to refer a dispute on behalf of others. The Commissioner’s finding that the 2nd to 22nd respondents properly referred the dispute was therefore incorrect in law and reviewable. The referral in respect of the first resp…
Source excerpt
- Referral Of Dispute
- Mandate To Refer
- Joinder Of Parties
- Commission For Conciliation Mediation And Arbitration