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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
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https://www.justice.gov.za/labourcourt
3 judgments
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3 judgments
Citation
Judgment date
November 2018
Telkom SA Soc Ltd v Mashaba (J 3734/2018) [2018] ZALCJHB 456 (29 November 2018)
Reported
Interest on a judgment debt accrues from judgment date at the prescribed simple annual rate; compound monthly interest disallowed.
Prescribed Rate of Interest Act — interest on judgment debts accrues from judgment date; BCEA s75 refers to PRIA — no compound monthly interest; mora and ascertainability of quantum for pre-judgment interest; exceptional costs de bonis propriis against negligent attorneys.
 29 November 2018
Xaba and Others v IG Tooling and Light Engineering (Pty) Ltd and Others (JR 200/2016) [2018] ZALCJHB 457 (28 November 2018)
Reported
A facilitated settlement agreement is not reviewable under s158(1)(g) LRA; attorneys ordered to pay costs de bonis propriis.
Labour law – Review – Settlement agreements arising from facilitation are contractual and not reviewable under s158(1)(g) LRA unless made an arbitration award; Contract law – Rescission – misrepresentation/duress must be pleaded and proved; Acceptance of settlement payments – approbation/peremption bars subsequent challenge without tender to repay; Labour law – s197 transfer – change in shareholding alone does not prove transfer as going concern; Costs – de bonis propriis appropriate where attorneys persist in a meritless prosecution despite clear warnings and case law.
 28 November 2018
Solidarity v South African Police Service and Others (J 3750/2018) [2018] ZALCJHB 458 (15 November 2018)
Reported
A non-representative union lacks a freestanding right to have its official represent a member at grievance hearings absent statutory or contractual entitlement.
Labour law – Organisational rights – Representation at grievance/disciplinary hearings – Interaction of LRA Part A Chapter III (ss 12–16, 18, 21) with constitutional freedom of association and ILO principles – Minority unions’ remedies (bargaining, arbitration, strike) versus freestanding right to represent members.
 15 November 2018