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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/
3 judgments
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3 judgments
Citation
Judgment date
July 2015
Universal Church v Myeni (DA 3/14) [2015] ZALAC 25 (28 July 2015)
Reported
Section 200A presumption requires a contract/contractual arrangement; voluntary pastoral service without contractual intent is not employment.
Labour law — jurisdiction of CCMA — who is an employee — interpretation of s200A LRA ("regardless of the form of the contract") — requirement of a contract or contractual arrangement — voluntary religious ministry versus employment.
 28 July 2015
NUM v Mogale Gold (JA 11/2014) [2015] ZALAC 18 (22 July 2015)
Arbitrator’s reinstatement of employee upheld where circumstantial evidence did not prove collusion.
Labour law – review of arbitration award – drawing inferences from circumstantial evidence – primary facts must be proved before inferring collusion; weight and reliability of video and polygraph evidence; standard of review in labour arbitration; reinstatement as primary remedy for unfair dismissal.
 22 July 2015
DB Contracting North CC v NUM and Others (JA 113/13) [2015] ZALAC 21 (2 July 2015)
Reported
Whether employees accepted an offer to retain lower wages determined fairness of their retrenchment.
Labour law – dismissal for operational requirements – whether employees accepted employer's reasonable offer to retain them at prior wage – evidentiary onus and admissibility of hearsay – relevance of contemporaneous notes and conduct in assessing acceptance/refusal.
 2 July 2015