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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. 

Physical address
Twinell House, 1st Floor, 113 Loop Street, Cape Town, 8001
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https://www.justice.gov.za/labourcourt/
4 judgments
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4 judgments
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Judgment date
October 2025
SAMWU obo Lotz v Hessequa Local Municipality and Others (C287/2023) [2025] ZALCCT 30 (2 October 2025)
Commissioner’s failure to swear witnesses and to postpone in absentia breached fairness, warranting review and remittal for a new arbitration.
Labour arbitration — procedural fairness — failure to administer oath or affirmation to witnesses; admissibility of unsworn evidence; audi alteram partem — proceeding in party's absence and denial of opportunity to make closing submissions; review on grounds of gross procedural irregularity; remedy — set aside and remit for de novo arbitration.
 2 October 2025
South African Municipal Workers Union obo Shabangu v Kgatelopele Local Municipality and Others (C484/2023) [2025] ZALCCT 28 (2 October 2025)
Reliance on untested hearsay and speculative inferences rendered the dismissal unfair; award reviewed and reinstatement ordered.
Labour law — review of arbitration award — condonation for late filing — admissibility of hearsay — failure to call material witness — circumstantial evidence and drawing inferences — employer’s onus under s.192(2) LRA — gross irregularity — substitution vs remittal — reinstatement and costs.
 2 October 2025
University and Allied Workers Union v University of Cape Town and Another (C469/2024) [2025] ZALCCT 29 (2 October 2025)
Application to compel consultation dismissed: interest dispute, no s135 certificate, and relief rendered moot.
Labour law – organisational rights and consultation – interest v rights disputes – jurisdictional prerequisite of section 135(5) certificate – mootness of relief after implementation – costs and practitioner conduct (de bonis propriis).
 2 October 2025
Mthethwa v Western Cape Government, Department of Cultural Affairs and Sport (2025-162901) [2025] ZALCCT 31 (1 October 2025)
Urgent relief for payslips and a suspension notice was inappropriate; BCEA enforcement mechanisms apply and the application was struck off.
Labour law — BCEA s33 — entitlement to payslips — enforcement via Chapter 10 (labour inspector, compliance orders) rather than urgent High Court/Labour Court proceedings. Labour law — BCEA s34 — scope limited to lawful deductions; no obligation to issue particularised notice of unpaid suspension where arbitration award prescribes deduction. Urgency — applicant must show absence of alternative timely remedy; existence of statutory enforcement mechanism defeats urgency. Mootness and costs — substantial compliance by employer renders urgent relief moot; vexatious persistence can attract costs.
 1 October 2025