I'm representing my brother who is also a collegue, in a matter regarding misconduct, we sat down for arbitration on the 8th of October this year and the case was postponed by the commissioner, I would like to know if I can refer it to Labour Court since the whole month has flown by, in line with section 191 5 (b)(i) of the LRA?
unfortunately not, the below mentioned sections relates to instances where the CCMA or bargaining council does not have the jurisdiction to adjudicate on the matter.
We would advise that you follow up with the CCMA to obtain the date for the second appearance.