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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 2020
WBHO Construction (Pty) Ltd v Hlatshwayo N.O. and Others (JA 66/2018) [2020] ZALAC 74 (29 May 2020)
Reported
Employer’s dismissals for intimidatory shutdown of site were substantively fair; dismissal was appropriate sanction.
Labour law – unfair dismissal – intimidation of subcontractors and management; deliberate site shutdown – review of CCMA award for unreasonableness – evaluation of evidence and balancing of mitigation and employer’s interests – sanction: dismissal appropriate.
 29 May 2020
Department of Agriculture Forestry and Fisheries v Teto N.O. and Others (CA 8/2019) [2020] ZALAC 71 (28 May 2020)
Reported
Continued work after fixed-term expiry tacitly creates an indefinite contract; reinstatement is the primary remedy absent exceptional circumstances.
Labour law – fixed-term contracts – continuation of services after expiry – tacit novation to contracts of indefinite duration; employer control and payment arrangements through implementing agents do not negate employment relationship; unfair dismissal – jurisdiction to determine dismissal where employment continued; remedies – s193(2) LRA mandates reinstatement absent exceptional circumstances.
 28 May 2020
Feni v Commissioner for Consolidation Mediation and Arbitration NO and Others (JA 30/2019) [2020] ZALAC 72 (28 May 2020)
Reported
An applicant may not pursue separate CCMA proceedings on the same dismissal once a non-resolution certificate has been issued.
Labour law – CCMA jurisdiction – multiple referrals arising from a single dismissal – res judicata not applicable to certificate of non-resolution; lis pendens bars duplicate proceedings; s158(2) LRA allows amplification or referral by Labour Court.
 28 May 2020
Municipal and Allied Trade Union Of South Africa v Central Karoo District Municipality and Others (CA 6/2019) [2020] ZALAC 73 (28 May 2020)
Reported
A CCMA grant of stop-order rights under s21(8C) does not exempt minority-union members from agency shop fees.
Labour law – agency shop agreements – section 25 LRA – employer obligation to deduct agency fees from employees identified in collective agreement, including minority-union members; Organisational rights – section 21(8C) LRA – empowers CCMA commissioner to override section 18 thresholds but does not override agency shop agreements; Constitutional and international law – section 25 consistent with Constitution and ILO standards; Distinction between agency fees and union membership subscriptions.
 28 May 2020