oa De Rebus - CCMA conciliation a pre-requisite for adjudication in the Labour Court : employment law update



Having been dismissed from his workplace the applicant referred an unfair dismissal dispute to the Commission of Conciliation, Mediation and Arbitration (CCMA) in which he claimed that he was victimised because of information he had discovered, which he believed amounted to fraud. Before the matter was set down for conciliation the applicant approached the Labour Court (LC) and filed a statement of case claiming that his dismissal was automatically unfair and based on racial discrimination, white nepotism and sexual harassment. The dispute was conciliated at the CCMA and categorised as a dispute envisaged in terms of s 187 of the Labour Relations Act 66 of 1995 (LRA) - victimisation on the basis of a protected disclosure. The matter was certified as unresolved and the certificate issued by the commissioner indicated that the matter may be referred to the LC for adjudication. It was common cause that at the time the conciliation hearing took place the applicant had already lodged a statement of case at the LC, which was based on the same cause of action.


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