Disputes relating to the existence of a dismissal are no longer considered to be jurisdictional disputes.  As a result, the review of such rulings will be limited to those that are rulings that no reasonable commissioner could make.

When a jurisdictional ruling is taken on review, the approach adopted by the Labour Court to date has been to decide whether that ruling is correct or not.  A review of this nature is therefore of much wider scope than a standard review which is limited to the determination of the reasonableness of an award.  The Labour Court has now found that a constructive dismissal dispute does not constitute a jurisdictional dispute.  As a result, the review of the arbitration award was subject to the stricter principle of reasonableness.  By implication, the review of all other rulings relating to the existence of a dismissal may henceforth be subject to this principle.

Prepared by Jonathan Jones

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