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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.

Physical address
86 Juta Street, Arbour Square Building, 6th and 7th Floors, Corner Juta and Melle Streets, Braamfontein 2001
Visit website
https://www.justice.gov.za/labourcourt/
2 judgments
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2 judgments
Citation
Judgment date
June 2013
Sondorp and Another v Ekurhuleni Metropolitan Municipality (JA 87/11) [2013] ZALAC 15 (26 June 2013)
Reported
Delay alone does not bar amendment of dismissal pleadings; automatically unfair dismissal is a species of unfair dismissal.
Labour law – amendment of pleadings – discretion to allow amendment – long delay weighed against prejudice and causation of delay – interlocutory substitution of employer – automatically unfair dismissal is a species of unfair dismissal (Driveline principle) – election and prescription are triable issues – amendment allowed and matter remitted.
 26 June 2013
Minister for Public Service and Administration and Others v Kaylor (CA18/12) [2013] ZALAC 16 (11 June 2013)
Reported
Placement into a newly created post without meaningful consultation and without written delegation is unlawful and reviewed under s 158(1)(h) LRA.
* Labour law – unilateral change to terms – placement in a new post without meaningful consultation unlawful – review under s 158(1)(h) LRA. * Public Service Act – creation of posts and appointments – power vests in executive authority (Minister); delegations must be in writing. * Procedural fairness – requirement to consult before transferring or placing employees; absence of written delegation renders post creation invalid.
 11 June 2013