Labour Court of South Africa, Cape Town

The Labour Court has the same status as a high court. The Labour Court adjudicates matters relating to labour disputes. Appeals are made to the Labour Appeal Court.

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Twinell House, 1st Floor, 113 Loop Street, Cape Town, 8001

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https://www.justice.gov.za/labourcourt/

9 judgments

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9 judgments

Citation	Judgment date
December 2019
CT International Financiers (Pty) Ltd v Van Rooyen N.O. and Others (C 595/2018) [2019] ZALCCT 9 (12 December 2019) CCMA may convert a settlement into an arbitration award without first having decided condonation for a late referral. Labour law — CCMA jurisdiction — s142A making settlement agreement arbitration award — s143 certification — s191 time limits and condonation not prerequisite to CCMA converting a settlement into an award — LAC authority in Greef supports broad construction of "right to refer".	12 December 2019
Du Plessis v Public Protector and Others (C 272/2019) [2019] ZALCCT 15 (12 December 2019) Reported Labour Court lacks jurisdiction to review a Public Protector refusal; applicant’s claim is res judicata and dismissed. Labour Court – jurisdiction – review of Public Protector decision – LRA does not confer jurisdiction; Public Protector's decisions not administrative action under PAJA – res judicata bars relitigation of finally adjudicated dismissal disputes – section 6(6) Public Protector Act precludes investigation of judicial functions.	12 December 2019
Hofmeyer v Saaiman t/a SA Endovascular Group Practice (C 599/2017) [2019] ZALCCT 10 (3 December 2019) Section 187(1)(c) protects collective bargaining (not individual employees); applicant’s dismissal was substantively and procedurally unfair. Labour law – jurisdiction after conciliation – change in characterization of dismissal does not oust jurisdiction; Labour law – s187(1)(c) LRA – amendment and plural "employees" limit application to collective bargaining context; automatically unfair dismissals – not available to individual employees; unfair dismissal – substantive and procedural fairness requirements; remedies – solatium/just and equitable compensation assessment.	3 December 2019
November 2019
Minister for Local Government Environmental Affairs and Development Planning Western Cape Province Government v Bitou Municipality and Others (C 616/2019) [2019] ZALCCT 11 (26 November 2019) Reported Applicant failed to prove exceptional circumstances or irreparable harm to justify execution of the judgment pending appeal under section 18. Superior Courts Act s18 – suspension of decision pending appeal – exceptionality and irreparable harm required to order execution pending appeal; municipal manager re‑appointment reviewed and set aside – public interest and principle of legality insufficient without specific, fact‑based proof of irreparable harm.	26 November 2019
Passenger Rail Agency of South Africa v CCMA N.O. and Others (C 1037/2018) [2019] ZALCCT 12 (14 November 2019) Arbitrator lacked jurisdiction and erred in law by treating a section 198B/status dispute as entitling backdated benefit awards. • Labour law – section 198B and 198D LRA – conversion of fixed-term contracts versus remedies; status declaration distinct from unfair-labour-practice relief. • Arbitration jurisdiction – where a collective settlement and its dispute-resolution clause (made an order of court) apply, a commissioner may not assume jurisdiction to decide interpretation/application disputes outside that forum. • Procedural competence – unequal-treatment/benefit claims of converted permanent employees are to be pursued as unfair-labour-practice disputes; commissioners may not grant backdated monetary relief under section 198B beyond their remedial scope.	14 November 2019
August 2019
Molehe v Public Health and Social Development Sectoral Bargaining Council N.O. and Others (167/2014) [2019] ZALCCT 16 (2 August 2019) Applicant’s dismissal after conviction for bribery was substantively fair; review dismissed with costs. Labour law — dismissal for incapacity due to imprisonment; criminal conviction as relevant to dismissal; procedural versus substantive fairness; assessment dependent on facts; no rigid separation between criminal and disciplinary proceedings.	2 August 2019
April 2019
Golden Arrow Bus Services (Pty) Ltd v South African Road Passenger Bargaining Council of South Africa N.O. and Others (C 1112/2018) [2019] ZALCCT 18 (2 April 2019) Court sets aside exemption appeal ruling for gross irregularity and remits for rehearing by a properly constituted appeal authority. Labour law – Jurisdiction – Labour Court may review performance of exemption appeal bodies established under collective agreements under s158(1)(g) LRA. Procedural fairness – gross irregularity – failure of an appeal authority to consider an appeal amounts to gross irregularity and denial of fair hearing. Appeals – nature of appeal – exemption appeal is a wide appeal (rehearing) and appeal authority is not confined to the initial record and may receive further evidence. Remedy – substitution vs remittal – remittal appropriate where court is not in as good a position as administrator; directions may be given for proper rehearing.	2 April 2019
March 2019
Satani v Department of Education Western Cape N.O. and Others (C 447/2017) [2019] ZALCCT 17 (6 March 2019) An arbitration award reasonably assessing conflicting witness evidence is not reviewable despite minor procedural imperfections. Labour law – review of arbitration award under s 145 LRA; credibility and evaluation of conflicting evidence; single‑witness/cautionary rule in arbitration; reasonable decision‑maker test (Sidumo/SFW); effect of arbitrator’s own experience on award validity; costs for protracted litigation.	6 March 2019
February 2019
Ramaila v Minister of Justice and Correctional Services and Others (C 479/2017) [2019] ZALCCT 19 (28 February 2019) Extension of pay-progression eligibility for new appointees to 24 months was irrational and unfairly discriminatory; policy reviewable and set aside. Employment law – pay progression – PSCBC Resolution 1 of 2012; Incentive Policy Framework; Performance Management Policy – extension of qualifying period for "first time participants" from 12 to 24 months – irrational, arbitrary and unfairly discriminatory – reviewable administrative action – clauses 4.1–4.3 of PSCBC Resolution 1 of 2012 set aside – remedy: award of pay progression and consequential salary adjustments.	28 February 2019