A recent Labour Court case showed that rules set out by the Labour Relations Act do not always need to be followed.
Although Commission for Conciliation, Mediation and Arbitration must follow fundamental structures of labour legislation when dealing with labour-related disputes, not all cases have to follow what is explicitly stated in the legislation.
However, a party involved may object to the con/arb process, where the arbitration is split from the conciliation and not be heard immediately after – which is usually the case. In the case, the claimant, an independent contractor working with Valinor, who saw the relationship as one between employer and employee, went to the CCMA alleging that they had been unfairly dismissed upon the contract’s relationship ceasing.
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