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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.

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LIBERTY LIFE HOUSE, 1st Floor, 269 Anton Lembede Street, Durban (as from 18 July 2011)

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

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1 judgment

Citation	Judgment date
February 2022
Cassim v Richards Bay Minerals (D 81 of 2021) [2022] ZALCD 1 (28 February 2022) Dismissal for medical incapacity lies in arbitration; court orders each party to bear its own costs for reasons of fairness. Labour law — Jurisdiction — dismissal for medical incapacity — arbitration under s191(5) and exclusion under s157(5). Civil procedure — CCMA certificate of outcome — commissioners should not unilaterally fix forum by reclassifying disputes. Costs — s162 LRA — discretion guided by fairness and protection of vulnerable employees; costs do not automatically follow the result.	28 February 2022

Citation

Judgment date

February 2022

Cassim v Richards Bay Minerals (D 81 of 2021) [2022] ZALCD 1 (28 February 2022)

Dismissal for medical incapacity lies in arbitration; court orders each party to bear its own costs for reasons of fairness.

Labour law — Jurisdiction — dismissal for medical incapacity — arbitration under s191(5) and exclusion under s157(5). Civil procedure — CCMA certificate of outcome — commissioners should not unilaterally fix forum by reclassifying disputes. Costs — s162 LRA — discretion guided by fairness and protection of vulnerable employees; costs do not automatically follow the result.

28 February 2022