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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
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https://www.justice.gov.za/labourcourt/
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November 2015
Hendor Mining Supplies v Fohlisa and Others (JA 55/2014) [2015] ZALAC 28 (26 November 2015)
Arrear wage claims under reinstated contracts can prescribe three years after the reinstatement order becomes executable.
Labour law – reinstatement – effect of retrospective reinstatement on entitlement to arrear wages – distinction between judgment debt and contractual wage claims. Prescription Act s 11(d) – arrear wages as 'any other debt' subject to three-year prescription. Prescription interruption and s 15(4) – prescription runs afresh when a judgment becomes executable. BCEA s 77(3) – Labour Court's concurrent jurisdiction to determine contractual claims arising from reinstated employment. Civil procedure – Labour Court Rule 22(5) – substitution of parties; deceased employees cannot themselves apply for substitution.
 26 November 2015
BJM Securities and Another v Steven Grup (JA60/2014) [2015] ZALAC 29 (17 November 2015)
A clause compensating the respondent for forfeited deferred equity was a recruitment incentive and survived termination.
Contract interpretation – recruitment v retention incentive; deferred equity compensation; whether payment conditional on continued employment; survival of accrued contractual rights after rescission; Endumeni principles applied.
 17 November 2015
Myathaza v Johannesburg Metropolitan Bus Service and Another (CA 3/14; JA 122/14; JA 39/14) [2015] ZALAC 32 (6 November 2015)
Arbitration awards under the LRA are debts subject to a three‑year prescription; reviews do not interrupt prescription, but making an award an order of court does.
Prescription — arbitration awards under the LRA are "debts" under the Prescription Act and generally prescribe after three years; debt due on delivery of award; certification for enforcement does not delay prescription; application to make award an order of court interrupts prescription on service and must be prosecuted to final judgment; review application does not interrupt prescription; s145(9) LRA (post-1 Jan 2015) now provides interruption for later awards.
 6 November 2015