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South Africa Case Law

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Labour Law [2023] ZALCCT 45

H & W Distributors v CCMA and Others (13 July 2023) (C95/2022)

H & W Distributors v CCMA and Others (13 July 2023) (C95/2022) [2023] ZALCCT 45 (13 July 2023)

Court
Labour Court Cape Town
Case number
C95/2022
Judge
K Naidoo

The court found that although not all respondent employees signed the initial referral to the CCMA, their subsequent attendance and participation at both conciliation and arbitration constituted ratification of the referral, in line with the principles established in Adams and ABC Telesales. The CCMA therefore had jurisdiction to adjudicate the dispute. Regarding the alleged gross irregularity, the court held that the applicant was properly notified of the arbitration date via SMS, as permitted by CCMA Rule 5A, and was further contacted telephonically on the day of the hearing. The arbitrator…

Source excerpt

  • Ccma Jurisdiction
  • Gross Irregularity
  • Unfair Dismissal
  • Default Award
  • Ratification Of Referral
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Labour Law [2020] ZALAC 10

Adams v National Bargaining Council for the Freight and Logistics Industry and Others (CA2/2019)

Adams v National Bargaining Council for the Freight and Logistics Industry and Others (CA2/2019) [2020] ZALAC 10; [2020] 9 BLLR 867 (LAC); (2020) 41 ILJ 2051 (LAC) (18 May 2020)

Court
Labour Appeal Court
Case number
CA2/2019
Judges
Davis, Sutherland, Murphy

The Labour Appeal Court held that the signature requirement on referral forms serves to prevent unauthorised referrals, but its function is satisfied where the aggrieved employee subsequently participates in the proceedings, thereby ratifying the referral. The Court found that a literalist approach to the rule is inappropriate and that the objectives of the Labour Relations Act require a pragmatic and purposive interpretation. The fact that the referral forms were signed by the attorney, rather than the employee, did not deprive the Council of jurisdiction, as the employee's conduct in partic…

Source excerpt

  • Jurisdiction Of Bargaining Council
  • Signature Requirement
  • Ratification Of Referral
  • Representation Rights
  • Labour Relations Act
  • Conciliation And Arbitration
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About this LexChat collection

South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.