jurisdiction

Jurisdiction of the CCMA to determine an alleged breach of Section 34(2) of the BCEA

It frequently occurs that employers make deductions in terms of Section 34(1) of the BCEA. These deductions are usually for staff loans, damages to company property, traffic fines and sometimes the excess arising from an accident. If an employee disputes this deduction, they would ordinarily refer a Section 73A dispute to the CCMA; however, in [...]

2022-09-20T13:18:10+02:00September 20th, 2022|General|1 Comment

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 [...]

2022-04-06T11:46:32+02:00April 6th, 2022|Strikes|Comments Off on Dismissals for participation in an unprotected strike – Does the CCMA have the necessary jurisdiction?

How to deal with jurisdictional disputes at the CCMA

Jurisdiction has become a tremendously complex issue in labour dispute resolution. Few individual applicants can deal with the detailed rules of the jurisdiction, and applicants often fail to understand why the CCMA may or may not have jurisdiction in a certain case.   The CCMA is a creature of statute, and as such, it does [...]

2021-05-05T13:48:06+02:00May 5th, 2021|General|Comments Off on How to deal with jurisdictional disputes at the CCMA

The Importance of Jurisdiction when referring a dispute to the CCMA & a Bargaining Council

The term jurisdiction refers to the extent of power which the CCMA; Bargaining Councils; Labour Court and Labour Appeal Court have in order to make legal decisions and judgments.   It is imperative that employees become aware of the relevant forums in which they can refer their disputes, in order to ensure that the correct [...]

2019-05-31T09:13:43+02:00May 31st, 2019|General|Comments Off on The Importance of Jurisdiction when referring a dispute to the CCMA & a Bargaining Council

The extension of the CCMA’s jurisdiction – Section 73A of the BCEA

It has been nearly three months since the legislature has signed into law the Labour Relations Amendment Act (LRAA), Basic Conditions of Employment Amendment Act (BCEAA) and the National Minimum Wage Act (NMWA).   The BCEAA introduced several measures to enforce its provisions, including that of section 73A. The aforementioned section constitutes a significant extension [...]

2019-03-27T14:45:10+02:00March 22nd, 2019|General|Comments Off on The extension of the CCMA’s jurisdiction – Section 73A of the BCEA

The Jurisdiction of the CCMA Where No Dismissal Took Place

Section 191 of the Labour Relations Act 66 of 1995 (LRA), confers jurisdiction on the CCMA to arbitrate disputes regarding unfair dismissals. However, it often happens that employees refer disputes to the CCMA where there was no dismissal on the part of the employer, but rather an election by the employee to resign. The first [...]

2017-10-12T15:25:54+02:00May 25th, 2017|General|Comments Off on The Jurisdiction of the CCMA Where No Dismissal Took Place

Jurisdiction of Bargaining Councils Regarding Unfair Discrimination Cases

Recently, some of the Employment Equity Act 55 of 1998’s (the act) sections have been amended. This article specifically address the amendments made to sections 10 and 11 of this act. It can be summarized as follows: (1) An employee, or applicant for employment, may refer a dispute concerning alleged unfair discrimination (or medical or [...]

2017-10-11T12:24:10+02:00November 15th, 2016|General|Comments Off on Jurisdiction of Bargaining Councils Regarding Unfair Discrimination Cases

The CCMA’s Jurisdiction to Adjudicate Unfair Discrimination Disputes

Prior to the Employment Equity Amendment Act taking effect, section 10 of the Employment Equity Act held that a dispute regarding alleged unfair discrimination had to be referred to the CCMA within six months after the act or omission which constituted the alleged unfair discrimination, occurred. The CCMA thereafter had to attempt to resolve the [...]

2017-10-11T12:13:18+02:00April 21st, 2016|General|Comments Off on The CCMA’s Jurisdiction to Adjudicate Unfair Discrimination Disputes
Go to Top