Navigating Premature Referrals, Specifically Dismissal Disputes
...In the realm of South African labour law, the challenge of premature referrals in dismissal disputes has become a practical concern demanding careful consideration....
https://ceosa.org.za/navigating-premature-referrals-specifically-dismissal-disputes/
Rules for the Conduct of Proceedings > Labour Court > 6. Referrals
...If the parties cannot reach an agreement regarding the discovery of documents and tape recordings, either party may apply to the court for an appropriate order, including an order as to costs....
https://source.acts.co.za/labour-relations-act-1995/rcp_6_referrals.php
Navigating Premature Referrals, Specifically Dismissal Disputes
...In the realm of South African labour law, the challenge of premature referrals in dismissal disputes has become a practical concern demanding careful consideration....
https://www.mondaq.com/southafrica/employee-rights-labour-relations/1384460/navigating-premature-referrals-specifically-dismissal-disputes
Tick-Tock on the Termination Clock - Labour Guide South Africa
...If the employee refers the dispute too early or too late, an employer has grounds to challenge their referral. Even minor factors, like when the final paycheck is issued or an internal appeal is pending, can shift the official date of dismissal....
https://labourguide.co.za/misconduct/dismissals/tick-tock-on-the-termination-clock
THE LABOUR COURT OF SOUTH AFRICA, JOHANNESBURG - SAFLII
...[30] In this matter, it only became apparent that the defendant was a registered member of the NBCCI and that the CCMA did not have jurisdiction to conciliate the disputes when it raised a challenge to this Court?s jurisdiction on this basis in its statement of response to the plaintiffs? claim....
https://www.saflii.org/za/cases/ZALCJHB/2025/374.pdf
South Africa: Johannesburg Labour Court, Johannesburg - SAFLII
...However, subsection 191 (2A), which came into effect on 1 August 2002, provides that an employee whose contract of employment is terminated by notice may refer a dispute to the council or the CCMA once the employee has received that notice....
https://www.saflii.org/za/cases/ZALCJHB/2025/374.html
Employment law update ? Is a referral to conciliation always a ...
...?The referral, in terms of subsection (5) (b), of a dispute to the Labour Court for adjudication, must be made within 90 days after the council or (as the case may be) the commissioner has certified that the dispute remains unresolved.?...
https://www.derebus.org.za/employment-law-update-is-a-referral-to-conciliation-always-a-prerequisite-to-adjudication/
The Clock is Ticking on Unfair Labour Practice Referrals ? Labour Court ...
...The employees, represented by NEHAWU, alleged an unfair labour practice and referred the matter to the CCMA after the 90-day period, arguing that the conduct was a ?continuing wrong? and that the referral period should restart each day until the conduct was remedied....
https://labourguide.co.za/misconduct/ccma/the-clock-is-ticking-on-unfair-labour-practice-referrals-labour-court-confirms-they-are-one-time-events
Constructive dismissal referrals ? how soon is too soon?
...The Labour Court thus found that the employee's referral to the CCMA was premature. It should be noted that the situation is different where the employer does not require the employee to......
https://www.lexology.com/library/detail.aspx?g=b204c78a-cba9-4411-a74f-f4ed18b6ed0d
LABOUR COURT RULES RULES REGULATING THE CONDUCT OF THE PROCEEDINGS OF ...
...The Rules Board has, in terms of section 159(3) of the Labour Relations Act, 1995 (Act 66 of 1995), made the following rules to regulate the conduct of proceedings in the Labour Court....
https://www.justice.gov.za/legislation/rules/Rules-LabourCourt-GG50608-GN4775-20240503-SAFLII.pdf