SAMWU v SALGBC and Others (JA 56/13)
SAMWU v SALGBC and Others (JA 56/13) [2015] ZALAC 117 (24 June 2015)
The Labour Appeal Court held that section 191(5) of the LRA does not give an employee an election to refer a dispute to arbitration after the lapse of 30 days or to await the issue of a certificate of outcome. The right to refer accrues upon the first occurrence of either event, and the referral must be made within a reasonable time, interpreted as 90 days from the lapse of 30 days or the issue of the certificate, whichever occurs first. The appellant acquired the right to refer the dispute to arbitration on expiry of the 30-day period but failed to do so within 90 days and did not seek condo…
Source excerpt
- Unfair Dismissal
- Jurisdiction Of Bargaining Council
- Condonation For Late Referral
- Interpretation Of Lra
- Conciliation And Arbitration
- Reasonable Time For Referral