Abstract

This note examines whether remuneration related disputes framed as unfair labour practice disputes may be characterised as ‘ongoing’ for purposes of statutory referral timeframes under the Labour Relations Act. It analyses the Labour Court’s decision in National Education Health & Allied Workers Union obo Makhubele & others v Ramalatso NO & others against earlier Labour Appeal Court authority, particularly SA Broadcasting Corporation Ltd v CCMA & others. It highlights a persistent tension between appellate authority recognising certain pay related disputes as continuous and Labour Court decisions locating unfair labour practices in a single originating act or omission, and argues that this uncertainty undermines legal certainty and access to justice.