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CCMA clarifies that Labour Court has jurisdiction over matters arising from BCEA

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The CCMA took to Twitter to circulate a blog post clarifying that the Labour Court does have jurisdiction in respect of all matters arising from the BCEA.

The Commission for Conciliation, Mediation and Arbitration (CCMA) took to Twitter on Wednesday, 18 November 2020, to circulate a recent blog post. The blog post clarified that the Labour Court has jurisdiction over matters arising from the Basic Conditions of Employment Act (BCEA).

To drive the point home, the blog referenced a recent legal dispute between a trade union and an employer. The employees alleged that their employer was unlawfully deducting taxes relating to company cars from their salaries. When their legal fight was dismissed by the Labour Court, due to the employees having signed a contract agreeing to the term, the trade union attempted to appeal the matter at the Constitutional Court, after their appeal with Labour Appeal Court was dismissed.

The blog post stated, “A proper reading of s 77 is that save for a few exceptions, the Labour Court has exclusive jurisdiction over all disputes and claims arising from the BCEA. The Labour Court’s jurisdiction according to the Constitutional Court, therefore, includes the power to order compliance with the BCEA.”

See the post below.

Sabelo Makhubo
[email protected]

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