Colgate-Palmolive (Pty) Ltd v Rala-Rala and Others (JR79/19)
Colgate-Palmolive (Pty) Ltd v Rala-Rala and Others (JR79/19) [2021] ZALCJHB 35 (20 January 2021)
The court held that section 187(1)(c) of the LRA, as amended, is intended to protect collective bargaining and does not apply to individual dismissals. The first respondent was dismissed for misconduct following a disciplinary hearing, and the NBCCI has jurisdiction to arbitrate the dispute under section 191(5) of the LRA. The applicant's reliance on section 187(1)(c) was misplaced and constituted a strategy to delay the proceedings. The arbitrator correctly identified the real nature of the dispute, and there was no just and equitable reason for the Labour Court to entertain a review of the…
Source excerpt
- Automatically Unfair Dismissal
- Jurisdiction Of Bargaining Council
- Section 187 1 C Lra
- Section 158 1b Lra
- Unfair Dismissal For Misconduct