Posted: March 2nd, 2020
Employment Law Assignment | Homework For You
In assessing this ground, it is noteworthy that section 65(1)(c) was amended by way of the 2014 amendments to the LRA to read (the underlining reflects the amendment): “the issue in dispute is one that a party has the right to refer to arbitration or to the Labour Court in terms of this Act or any other employment law”.
This would cover the BCEA, and section 77(3) thereof, which clothes this court with (employment) contractual jurisdiction.[5] Of relevance here is Mawethu Civils (Pty) Ltd & another v National Union of Mineworkers & others (2016) 37 ILJ 1851 (LAC), where Murphy AJA appears to have indicated that insofar as a dispute is actionable in terms of section 77(3) of the BCEA in this court, a strike over the dispute would be hit by the section 65(1)(c) limitation of the right to strike (see paras 14 and 18 of the LAC’s judgment).
At best, however, the indication is obiter and not binding on this court, but is (potentially) of persuasive value. The indication given by Murphy AJA accords with the approach of Snyman AJ in Sibanye (1), who found the same thing in relation to benefits (i.e. if the unilateral amendment relates to a benefit, then the strike is hit by the section 65(1)(c) limitation of the right to strike, because a benefits dispute is a dispute of right). Business Law Assignment: I need help writing a research paper.
