10/07/2023
How a case ends up before the Labour Court
• In most cases the aggrieved employee must start off by completing a dispute referral form and lodge it with the CCMA/BC.
• A conciliation meeting is set up where a mediator/conciliator is appointed to attempt to facilitate a settlement agreement.
• Where this is unsuccessful the employer and employee sign a contract setting out the terms of their settlement agreement and the matter is then closed.
• If the dispute is not resolved at conciliation/mediation, the employee may refer it to the next level which, depending on the nature of the dispute, may be the Labour Court.
• The matter will go to the Labour Court instead of to arbitration if the dispute relates to matters such as a multiple retrenchment, strike dismissals or automatically unfair dismissals.
• Once the judge has communicated his/her decision to the parties either of them may, if unsatisfied apply for leave to apply to the Labour Appeal Court;