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Scheme Data Services (Pty) Ltd v Myhill NO and Others (JR1456/06) [2008] ZALC 149; [2009] 4 BLLR 381 (LC) ; (2009) 30 ILJ 399 (LC) (5 December 2008)

T he case deals with the proper meaning of s 191(12) of the Labour Relations Act (before amendment) in the context of the jurisdiction of the Labour Court and/or the CCMA where one employee is retrenched. The case parts ways with an earlier judgment of the Labour Court which held that the CCMA has no jurisdiction to consider a case where a single employee is retrenched procedurally unfairly.

The approach in Scheme Data Services was subsequently endorsed by the Labour Appeal Court.

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By |2019-02-08T12:13:11+00:00Feb 5th, 2019|Judgements, Labour, Ngalwana judgements|0 Comments