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Inquiry by Arbitrator

In an inquiry by arbitrator held in terms of section 188A of the LRA can an employee raise as a point in limine ? that the municipality (employer) failed to comply with clause 7.4 of the SALGBC Disciplinary Procedure Collective Agreement if the municipality failed to set down hearing within three months. Clause 7.4 states: "The Disciplinary Hearing shall commence as soon as reasonably possible, but no later than three (3) months from the date of the Municipal Manager's or his Authorised Representative's decision to institute disciplinary proceedings." I think this clause precludes the municipality from the inquiry hearing merits of the misconduct allegations but I'm not sure if the Commissioner must consider such a point in limine?

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