Rahn v Cheil South Africa (Pty) Ltd (JS752/2013) [2015] ZALCJHB 180 (12 June 2015) per Steenkamp J

The Labour Court refused to uphold the employer’s three special pleas relating to jurisdiction concerning an alleged automatically unfair dismissal relating to a protected disclosure.  The judgment turned on whether the Labour Court retained  jurisdiction if it was decided that the dismissal was not automatically unfair.  Before the coming into effect of the amendment to s 158(2)(b) of the LRA the Labour Court could only retain jurisdiction with the consent of the parties.  But since the start of 2015 the Labour Court simply has to decide whether or not it is expedient to retain jurisdiction and decide whether there was a valid and fair reason related to conduct or capability.