Facts
Complainant filed a case in court seeking for reinstatement on the ground of unfair termination, but he did not first refer the same for mediation as per requirement of the law. An objection was raised on the ground that the case was incompetent before the court for lack of jurisdiction.The complainant incorrectly argued that the case was not of interest rather he sought for interpretation of the court.
Held:under s.86 (1) of the ELRA, the complaint should have gone through the CMA.It is only after mediation has failed that the complainant has the choice either to go for arbitration under S.86 (7) (b) (i) or to refer a matter to the labour court under s.86 (7)(b) (ii) of the ELRA. Thus, the complaint was prematurely before the court.
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