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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
March 2015
NEASA v Metal and Engineering Industries (JA02/2015) [2015] ZALAC 5 (26 March 2015)
Reported
An appeal to interdict a bargaining council became moot after the Minister granted the extension; appeal dismissed.
Labour law — Mootness — Interdict seeking to prevent bargaining council requesting extension of collective agreement overtaken by events. Administrative law — Proper challenge to Minister's extension under s32(3) is by direct review of the Minister's decision. Res judicata/issue estoppel — Not established; causes of action and relief in the proceedings are distinct. Discretion to decide moot cases — Refused where a comprehensive pending review addresses the same legal questions.
 26 March 2015
EDCON v Steenkm and Others (JS350/14; JS51/14; JS648/13) [2015] ZALAC 4 (3 March 2015)
Reported
Non-compliance with section 189A timelines does not automatically render ensuing dismissals invalid; statutory remedies apply.
Labour law – large-scale retrenchment – interpretation of section 189A(2)(a) and 189A(8) – consequence of non-compliance. Remedies for procedural non-compliance – section 189A(9) (retaliatory strike) and section 189A(13) (urgent court relief). Statutory construction – whether procedural breaches attract automatic nullity. Precedent – De Beers and Revan principle overturned.
 3 March 2015