South African Democratic Teachers Union v Motheo FET College (J352/15) [2015] ZALCJHB 183 (17 June 2015) per Tlhotlhalemaje AJ.
The provisions of the Collective Agreement were not intended to remove the employer’s right to discipline if management failed to comply with its provisions. At most it aimed at a speedy resolution of disputes within set procedural time frames. The remedy for any prejudicial delays is to refer an ‘unfair labour practice’ dispute under s 186(2)(b) of the LRA to the CCMA.