CARMEL RICKARD: A lesson in labour law
On matters of procedure, where an underlying right has not been infringed, subordinate agreements may trump the Labour Relations Act
Initially, I was confused: how could SA’s highest labour court decide that subordinate agreements trump the crucial Labour Relations Act (LRA)?
The man who tested this issue, Leon Appels, is a teacher in the North West city of Klerksdorp. In 2016 he applied for the position of principal at his school. When he was not appointed, he raised a grievance. When that was not resolved, he referred his dispute to the Education Labour Relations Council (ELRC).