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Labour Appeal Court of South Africa

The Labour Appeal Court is a South African court that hears appeals from the Labour Court. The court was established by the Labour Relations Act, 1995, and has a status similar to that of the Supreme Court of Appeal.It has its seat in  Johannesburg but also hears cases in  Cape Town, Port Elizabeth and Durban.

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86 Juta Street, Arbour Square Building, 6th and 7th Floors, Corner Juta and Melle Streets, Braamfontein 2001
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https://www.justice.gov.za/labourcourt/
2 judgments
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2 judgments
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Judgment date
October 2013
SARS v CCMA and Others (DA7/11) [2013] ZALAC 7 (17 October 2013)
An employer may not unilaterally substitute dismissal for a chairperson’s final sanction under a collective agreement.
Collective agreements – disciplinary procedure – clause making chairperson’s sanction final – employer’s substitution of sanction prohibited; Contractual interpretation – implied terms – duty of trust and confidence does not permit implication of a right to override express collective agreement terms; Administrative/contractual fairness – unilateral substitution without hearing breaches audi alteram partem and is ultra vires; Labour law – unfair dismissal – reinstatement where dismissal unreasonable under Sidumo standard.
 17 October 2013
Vector Logistics v Lencoane and Others (JA 26/11) [2013] ZALAC 8 (4 October 2013)
The appellant could not unilaterally change contractual start times; dismissals for refusal were substantively and procedurally unfair.
Labour law – jurisdiction – CCMA referrals and certificates of non-resolution; Terms and conditions – change of starting time – contractual term v work practice; Collective bargaining – unilateral variation impermissible; Procedural fairness – biased chair/caucus and sham disciplinary enquiry; Remedy – reinstatement despite delay; Interim orders – limited operative effect.
 4 October 2013