Category: Special pleas

Labour court jurisdiction: BCEA compliance

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Enforcing contractual rights: Lawfulness and fairness

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Adjudication referral considered: 90 days examined

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Special plea rejected: Referral for adjudication

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Special plea upheld: Res judicata accepted

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Contempt claim prescribed: Special plea upheld

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Technical point-taking: Inhibits access to justice

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Special plea: Overly technical formalistic spurious

The LC refused to uphold the employer’s special plea relating to lack of jurisdiction and was satisfied that the trade union had complied with s 191(3) of the LRA read with Rules 5 and 6 of the CCMA Rules.  Although the employer...

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Labour broker client: Restraint against poaching employees

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