Bullard's apology on April 18 last year meant he had accepted that the opinion he expressed should never have been expressed, Maserumule said.
SHOOT: Clever play by the Avusa legal team. Bullard apologises, so you hold that against him, and use his own apology to justify the company's firing him.
An apology that former Sunday Times columnist David Bullard wrote in Business Day a week after his dismissal last year meant his case could not be heard by the Labour Court because his dismissal was not automatically unfair.
The Labour Relations Act states that if there is a dispute about the fairness of the dismissal, the dismissed employee may refer the dispute within 30 days to a bargaining council.
According to the Act, the Labour Court does not have jurisdiction to adjudicate an unresolved dispute if the act requires the dispute to be resolved through arbitration.
Parties within the scope of the industry refer labour disputes such as dismissals and unfair labour practices to the Statutory Council of the Printing, Newspaper and Packaging Industry for resolution, instead of the state-established Commission for Conciliation Mediation and Arbitration.
Bullard's attorney, Ari Soldatos, said he only knew of the apology when Sunday Times lawyers notified him last Friday.
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clipped from www.bizcommunity.com
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