Abstract
In a recent judgment of the Labour Appeal Court the application of section 24 of the Labour Relations Act (66 of 1995, hereinafter “the LRA”) was considered, and curtailed. In this case note the judgment of Minister of Safety and Security v Safety and Security Sectoral Bargaining Council ([2010] 6 BLLR 594 LAC, hereinafter “Minister of Safety and Security”) is evaluated. In addition, an amendment to section 24 is proposed with a view to clarifying the ambit of the dispute-resolution procedure contained in that section of the LRA.
Highlights
In a recent judgment of the Labour Appeal Court the application of section 24 of the Labour Relations Act (66 of 1995, hereinafter “the LRA”) was considered, and curtailed
At the arbitration proceedings the employee contended that SAPS and the Regional Commissioner had breached Resolution 5 of 1992, a collective agreement concluded under the auspices of the SSSBC
The categorization of the dispute as a dispute about the interpretation and application of a collective agreement as envisaged in section 24 of the LRA was not placed in dispute at the arbitration proceedings.The arbitrator found that the decision of the Regional Commissioner not to approve the application for a transfer was capricious, illogical and irrational and invalid ab initio
Summary
In a recent judgment of the Labour Appeal Court the application of section 24 of the Labour Relations Act (66 of 1995, hereinafter “the LRA”) was considered, and curtailed.
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