Rukwaya and Others v Kitchen Bar Restaurant (J591/2013)
Rukwaya and Others v Kitchen Bar Restaurant (J591/2013) [2016] ZALCJHB 86; (2016) 37 ILJ 1466 (LC) (9 March 2016)
The Labour Court lacks jurisdiction to enforce compliance with a bargaining council collective agreement extended to non-parties where the agreement and section 33A of the LRA prescribe arbitration as the exclusive remedy. The applicants' claim is substantively about non-compliance with the collective agreement, not a breach of individual employment contracts. Section 77(3) of the BCEA cannot be used to circumvent the special dispute resolution mechanisms established by the LRA and the collective agreement. The applicants must pursue their remedies through the Council's enforcement and arbitr…
Source excerpt
- Collective Agreement Enforcement
- Jurisdiction Of Labour Court
- Section 77 Bcea
- Section 33a Lra
- Minimum Wage Dispute
- Dispute Resolution Mechanisms