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n Without Prejudice - Turf wars : labour law
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:
- (i) the employee has alleged that the reason for the dismissal is related to that employee's conduct or capacity, or
- the employee has alleged that the reason for dismissal is that the employer made continued employment intolerable (commonly referred to as constructive dismissal), or
- the employee does not know the reason for the dismissal, or
- the dispute concerns an unfair labour practice.
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