Dumakude v Nedbank Group (J2383/19)
Dumakude v Nedbank Group (J2383/19) [2022] ZALCJHB 40 (7 March 2022)
The Labour Court does not have jurisdiction to order the removal of the applicant from the RED listing. The applicant failed to plead any contractual term or breach that would bring the matter within the scope of section 77(3) of the Basic Conditions of Employment Act. The RED listing process is regulated by the Financial Sector Regulation Act, which provides for a tribunal to reconsider and remove individuals from RED. The Labour Court's jurisdiction is limited to matters assigned to it by statute, and the relief sought by the applicant does not fall within its jurisdiction. Accordingly, the…
Source excerpt
- Jurisdiction Of Labour Court
- Contract Of Employment
- Financial Sector Regulation Act
- Red Listing
- Point In Limine