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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/

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1 judgment

Citation	Judgment date
August 2015
ARB Electrical Wholesalers v Hibbert N.D (DA3/13) [2015] ZALAC 24 (21 August 2015) Reported Dismissal at age 64 was automatically unfair and discriminatory; single just-and-equitable solatium awarded for dignity impairment, EEA damages not proven. Labour law – automatically unfair dismissal (age) under s187 LRA; Employment Equity Act – age discrimination under s6; Concurrent remedies – pursuing LRA and EEA claims in one action; Compensation under LRA as solatium (non‑patrimonial) v damages under EEA; Single just and equitable award to avoid double recovery; Proof of patrimonial loss required for EEA damages.	21 August 2015

Citation

Judgment date

August 2015

ARB Electrical Wholesalers v Hibbert N.D (DA3/13) [2015] ZALAC 24 (21 August 2015)

Reported

Dismissal at age 64 was automatically unfair and discriminatory; single just-and-equitable solatium awarded for dignity impairment, EEA damages not proven.

Labour law – automatically unfair dismissal (age) under s187 LRA; Employment Equity Act – age discrimination under s6; Concurrent remedies – pursuing LRA and EEA claims in one action; Compensation under LRA as solatium (non‑patrimonial) v damages under EEA; Single just and equitable award to avoid double recovery; Proof of patrimonial loss required for EEA damages.

21 August 2015