n SA Mercantile Law Journal = SA Tydskrif vir Handelsreg - The interpretation and application of Section 191(12) of the Labour Relations Act : : case comments




In (2010) 31 ILJ 897 (LAC) the Labour Appeal Court ('LAC') had an opportunity to provide guidance and clarity for the proper interpretation of section 191(12) of the Labour Relations Act 66 of 1995 ('LRA'). The question to be answered was whether the Commission for Conciliation Mediation and Arbitration ('CCMA') has jurisdiction to hear a dispute concerning retrenchment of a single employee for want of compliance with procedural requirements of section 189 of the LRA.


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