Laudium Secondary School Governing Body v Mooloo (JS793/21)
Laudium Secondary School Governing Body v Mooloo (JS793/21) [2024] ZALCJHB 177 (2 May 2024)
The Labour Court has jurisdiction to adjudicate disputes concerning automatically unfair dismissal based on discrimination relating to religion, belief, and political opinion, as provided by section 187(1)(f) and section 191(5)(b) of the Labour Relations Act. The Employment Equity Act does not apply to unfair dismissal disputes, which must be referred under the LRA. The requirement for referral to the Labour Court is satisfied either by the issuance of a certificate of non-resolution or the expiry of 30 days from referral to the CCMA; actual conciliation or a certificate is not a jurisdiction…
Source excerpt
- Automatically Unfair Dismissal
- Religious Discrimination
- Political Opinion Discrimination
- Fixed Term Contracts
- Jurisdiction Of Labour Court
- Conciliation Certificate Requirement