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Labour Court of South Africa, Durban

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
LIBERTY LIFE HOUSE, 1st Floor, 269 Anton Lembede Street, Durban (as from 18 July 2011)
Visit website
https://www.justice.gov.za/labourcourt
2 judgments
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2 judgments
Citation
Judgment date
July 2020
Newcastle Municipality v Nzimande and Others (D 811 of 2019) [2020] ZALCD 11 (26 July 2020)
Reported
A municipal manager’s renewal of fixed‑term contracts contrary to council resolution and the Systems Act was unlawful and void ab initio.
Administrative law – Legality review of municipal manager’s appointment decisions; Municipal Systems Act ss55, 67 and s72(1)(c); Section 195 constitutional values; Ultra vires appointments; Arbitrator lacks jurisdiction to determine legality; Fixed‑term contracts extended unlawfully – void ab initio; Costs awarded.
 26 July 2020
April 2020
Pratten v Afrizun KZN (Pty) Ltd (D 439 of 2015) [2020] ZALCD 10 (17 April 2020)
Reported
Psychometric ranking for new posts did not amount to an unfair selection method for retrenchment; dismissal was substantively fair.
Labour law – operational-requirement retrenchment – restructuring and dislocation – use of psychometric assessments to rank applicants for new posts – assessment for appointment not equivalent to selection for dismissal under s189(2)(b) – competing for posts legitimate method to avoid dismissal – consideration of alternatives and refusal of offered posts.
 17 April 2020