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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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1 judgment

Citation	Judgment date
December 2015
SARS v CCMA (JA 06/11) [2015] ZALAC 22 (8 December 2015) An employer cannot lawfully substitute a disciplinary chair’s final sanction; such substitution is invalid and substantively unfair. Labour law – disciplinary procedure – where collective agreement or disciplinary code vests final sanctioning power in chair, employer may not substitute sanction; substitution without lawful authority is invalid and substantively unfair; racist workplace abuse is serious but mitigation must be considered.	8 December 2015

Citation

Judgment date

December 2015

SARS v CCMA (JA 06/11) [2015] ZALAC 22 (8 December 2015)

An employer cannot lawfully substitute a disciplinary chair’s final sanction; such substitution is invalid and substantively unfair.

Labour law – disciplinary procedure – where collective agreement or disciplinary code vests final sanctioning power in chair, employer may not substitute sanction; substitution without lawful authority is invalid and substantively unfair; racist workplace abuse is serious but mitigation must be considered.

8 December 2015