n Without Prejudice - Turf wars : labour law

Volume 8, Issue 3
  • ISSN : 1681-178X



In terms of s191(5)(a) of the Labour Relations Act (66 of 1995), the Commission for Conciliation, Mediation and Arbitration (the CCMA) must arbitrate a dispute at the request of an employee if:

  1. (i) the employee has alleged that the reason for the dismissal is related to that employee's conduct or capacity, or
  2. the employee has alleged that the reason for dismissal is that the employer made continued employment intolerable (commonly referred to as constructive dismissal), or
  3. the employee does not know the reason for the dismissal, or
  4. the dispute concerns an unfair labour practice.

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