Public Health and Social Development Sectoral Bargaining Council

ADV James Matshekga ” Referral of Alleged unfair Dismissal or unfair Labour practice Disputes”

The Referral of Alleged unfair Dismissal or unfair Labour practice Disputes to the Council for Arbitration – The Implications of SAMWu Obo Manentza V Ngwathe Local Municipality and Others [2015] 9 BLLR 894 (LAC) (Article by Adv James Ngoako Matshekga part­time Resident panellist)

Introduction

In giving effect to the constitutionally entrenched right of everyone to fair labour practices, the LRA, in section 185 thereof, gives every employee the right, not to be unfairly dismissed and not to be subjected to an unfair labour practice. Where an employee feels an employer has violated his/her right as provided in section 185 of the LRA, he/she may challenge the fairness of the employer’s conduct by referring a dispute to the Council.

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