Skip to document content Skip to main menu Skip to search
profile image

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/
4 judgments
Advanced search
All years
Filters
  • Filters
  • Judges
  • Labels
  • Alphabet
Sort by:
4 judgments
Citation
Judgment date
October 2015
Campbell Scientific Africa (Pty) Ltd v Adrian Simmers and Others (CA 14/2014) [2015] ZALAC 23 (23 October 2015)
Reported
Unwelcome verbal sexual advances amounted to workplace sexual harassment; dismissal was a fair sanction.
Labour law – Sexual harassment – Unwelcome verbal sexual advances outside working hours related to workplace – Single non-physical incident can constitute harassment; Codes of Good Practice and power differentials (age/gender) relevant – Sanction: dismissal may be fair where seriousness, lack of remorse and rehabilitation prospects justify it – Review: commissioner’s factual findings upheld as reasonable.
 23 October 2015
Atlas Packaging v Atlas Paper Sacks (JA108/14) [2015] ZALAC 31 (21 October 2015)
A sham asset transfer cannot be treated as a lawful scheme to avoid winding‑up under s197A; appeal dismissed with costs.
Labour law – s197A LRA – transfer pursuant to scheme/compromise to avoid winding‑up – genuine purpose required; mere labelling insufficient. Company and contract law – simulated transactions/in fraudem legis – court may examine substance over form. Interpretation – whether s197A extends to non‑s311 compromises left open where sham is present.
 21 October 2015
Phofung Local Minicipality v Rural Maintenencae Free State (JA79/2014) [2015] ZALAC 30 (21 October 2015)
The respondent failed to show a s197 transfer because essential assets and systems were not transferred to the applicant.
Labour law – s197 LRA – transfer of business as a going concern – Spijkers/Oy Liikenne factors (assets, employees, customers, intangibles, continuity); Administrative law – Oudekraal/Kirland: administrative acts remain effectual until set aside; Burden of proof – respondent must establish on probabilities that the entity retained its identity.
 21 October 2015
JPJ Schwartz v Sasol Polymers and Others (JA 46/2014) [2015] ZALAC 27 (5 October 2015)
Reported
Senior employee's secret receipt and non‑disclosure of benefits from service providers constituted dismissible dishonesty; dismissal was fair.
Labour law – dismissal for misconduct – non‑disclosure of gifts and benefits from service providers; workplace dishonesty and breakdown of trust; procedural fairness in disciplinary hearings; review of arbitration awards – Sidumo/section 145 reasonableness and gross irregularity; employer Code of Ethics and Gifts policy – sanction of dismissal justified for serious dishonesty.
 5 October 2015