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Labour Law [2011] ZALCJHB 24

Abrahams v General Public Service Sectoral Bargaining Council and Others (JR1790/08)

Abrahams v General Public Service Sectoral Bargaining Council and Others (JR1790/08) [2011] ZALCJHB 24; [2012] 2 BLLR 172 (LC) (2 February 2011)

The court found that the disciplinary proceedings did not satisfy the requirements of section 188A of the Labour Relations Act and thus did not constitute an arbitration under that section. The bargaining council was mandated only to facilitate the disciplinary process, not to arbitrate. The applicant was properly notified of the hearing at the address she provided, and the chairperson proceeded in her absence after confirming service. The applicant failed to demonstrate that the decision to dismiss her was unreasonable or irrational, and the uncontested evidence supported the dismissal. The…

  • Disciplinary Code And Procedure
  • Pre Dismissal Arbitration
  • Rescission Of Award
  • Jurisdiction Of Bargaining Council
  • Notice And Default
  • Review Of Dismissal
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