50 Bracks NO & Another v Rand Water & Another [2010] 8 BLLR 795 (LAC) Labour Appeal Court: section 192 (12): If an employee is dismissed by reason of the employers operational requirements following a consultation procedure in terms of section 189 that applied to the employee only, the employee may elect to refer the dispute either to arbitration or to the Labour Court.
{"Image DocumentName": "Bracks NO & Another v Rand Water & Another [2010] 8 BLLR 795 (LAC)", "Image ImageDescription": "Labour Appeal Court: section 192 (12): If an employee is dismissed by reason of the employer\u2019s operational requirements following a consultation procedure in terms of section 189 that applied to the employee only, the employee may elect to refer the dispute either to arbitration or to the Labour Court. this provision makes no express mention of the CCMA\u2019s jurisdiction, it is intended rather to confer a choice on employees to refer disputes concerning retrenchments to the CCMA in certain circumstances rather than to the Labour Court. The Labour Court\u2019s interpretation defeats the object of section 191 (12) which according to the memorandum explaining the 2002 amendments to the LRA was simply designed to enable employees retrenched alone to refer a dispute to the CCMA, rather than to the Labour Court, if they so wish. The Labour Court had accordingly erred by choosing an interpretations which frustrated the purpose of section 191 (12)", "Image XResolution": "37", "Image YResolution": "37", "Image ResolutionUnit": "Pixels/Centimeter", "Image Software": "SlidePlayer", "Image YCbCrPositioning": "Centered"}