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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/
3 judgments
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3 judgments
Citation
Judgment date
April 2015
SAPS v Public Service Association of South Africa (DA01/2014) [2015] ZALAC 8 (24 April 2015)
Reported
Whether a valid, consulted employment equity plan lawfully justified a non‑promotion under affirmative action.
Employment equity – affirmative action – existence and consultation of Employment Equity Plan – representivity and numerical goals – implementation must be rationally related to plan (Barnard; Van Heerden) – promotion decision justified where plan legitimate and applied rationally.
 24 April 2015
SATAWU v Fidelity Supercare Cleaning (JS 879/10) [2015] ZALAC 7 (17 April 2015)
Automatic termination clauses tied to client contracts cannot circumvent LRA protections; dismissal fair where employee refused offered alternative.
Labour brokers; automatic-termination clauses in employment contracts; validity under LRA s5 and s198 amendments; proximate-cause test for dismissal; operational-requirements retrenchment and offers of alternative employment; forfeiture of severance where alternatives unreasonably refused.
 17 April 2015
Solidarity v Department of Correctional Services (CA23/13) [2015] ZALAC 6 (10 April 2015)
Reported
Failure to consider mandatory regional demographics rendered the equity plan defective, but individual promotion remedies were not proved.
Employment equity – affirmative action v quotas – numerical targets and preferential treatment permissible under EEA s15 if flexible; quotas prohibited; s9(2) van Heerden test applied; s42 (then mandatory) requires regional and national demographics to be considered; individual remedies require specific causal evidence.
 10 April 2015