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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/
4 judgments
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4 judgments
Citation
Judgment date
May 2015
NHLS v Yona and Others (PA 12/13) [2015] ZALAC 12 (12 May 2015)
Reported
Employer's failure to advise and compassionately assist an ill employee rendered continued employment intolerable; appeal dismissed.
Labour law – constructive dismissal – employer's failure to advise on extended sick leave and treating certified sick absence as unauthorised – objective test for constructive dismissal – reasonableness review of arbitration award.
 12 May 2015
Coca Cola v Van Wyk (JA11/2013) [2015] ZALAC 11 (5 May 2015)
Reported
A reinstatement order revives the employment contract but does not automatically entitle payment for the post-award-to-implementation period.
Labour law — reinstatement orders — effect and temporal scope; whether reinstatement entitles employee to post-award-to-implementation remuneration; enforcement — limits of writs of execution and inadvisability of registrar quantification by affidavit; contractual claim for interim wages; employer becomes judgment debtor only after adjudication.
 5 May 2015
PUTCO v Transport and Allied Workers Union of SA (JA106/13) [2015] ZALAC 10 (5 May 2015)
Reported
An employer may lock out employees, including non‑party union members, where a bargaining‑council deadlock affects their interests.
Labour law – Strikes and lock-outs – procedural notice requirements under s64 LRA; Motion proceedings – Plascon-Evans rule and when oral evidence is required; Bargaining councils – majoritarian principle and binding effect on non-party members (s32 extension); Lawfulness of locking-out members of a non-party union who have a material interest in the dispute.
 5 May 2015
SATAWU v Tokiso (JA 117/13) [2015] ZALAC 9 (5 May 2015)
Reported
An arbitration award is published to each party when that party actually receives it; time limits are peremptory and must be proved.
Arbitration – Arbitration Act 42 of 1965 – Publication of award – where award not delivered in presence of parties, publication is when each party receives it; statutory presumption in s25(2) does not apply. Review – time limit – six weeks for review under s33(2) – computed by civil method (exclude first day); peremptory time limit requiring condonation if late. Procedure – onus to prove timely institution lies initially with applicant; assumptions of simultaneous receipt cannot be elevated to facts. Remedies – where publication date uncertain court may remit to arbitrator to deliver award in presence of parties.
 5 May 2015