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Labour Court of South Africa, Johannesburg

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
86 Juta Street, Arbour Square Building, 6th and 7th Floors, Corner Juta and Melle Streets, Braamfontein 2001
3 judgments
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3 judgments
Citation
Judgment date
October 2018
An applicant alleging unfair dismissal must pursue LRA remedies; s77(3) BCEA concurrent jurisdiction cannot be used to bypass the LRA.
Labour law – jurisdiction – s 77(3) BCEA concurrent jurisdiction does not permit litigant whose cause of action is unfair dismissal to bypass LRA remedies; deployment under international cooperation treaty; treaty visa conditionality; non-joinder and urgency considered.
24 October 2018
Reported
A section 197(6) agreement concluded in collective bargaining is a collective agreement and may be extended under section 23(1)(d).
Labour law – Section 197(6) agreements – Whether a section 197(6) agreement concluded within a section 189A consultation/collective bargaining process constitutes a collective agreement (s213/123) and can be extended under s23(1)(d); majoritarianism and workplace definition in extension and collective bargaining contexts.
19 October 2018
Reported
Labour Court lacked s158(1)(g) jurisdiction to review an independent exemptions appeal; dispute falls under collective agreement procedures.
Labour law – Jurisdiction of Labour Court – Section 158(1)(g) LRA – meaning of "function provided for in this Act"; Exemptions from collective agreements – appeals to independent exemptions body – whether such appeals are reviewable under s158(1)(g); Collective agreements – interpretation and application – s24 dispute mechanism may oust review jurisdiction; Review grounds – rationality/legality and Sidumo test inapplicable where statutory review absent.
18 October 2018