Dismissals for participation in an unprotected strike – Does the CCMA have the necessary jurisdiction?
The jurisdiction to arbitrate disputes concerning unfair dismissals is conferred on the CCMA under Section 191 of the Labour Relations Act 66 of 1995 (hereinafter referred to as the LRA). Section 191(5)(b) further contains the respective instances where a dismissal dispute may be referred to the Labour Court for adjudication. This article will specifically deal [...]