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

Visit website

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

10 judgments

Advanced search

All years

All months

Filters

Sort by:

10 judgments

Citation	Judgment date
October 2019
SASBO Finance Union obo Fourie v Nedbank Limited (J 2011/2019) [2019] ZALCJHB 377 (28 October 2019) Reported Failure to issue a section 189(3) notice renders the retrenchment procedure procedurally unfair; termination set aside. Labour law – retrenchment procedure – section 189(3) notice peremptory; s 189A(13) remedies for procedural non‑compliance; facilitation and statutory time‑triggers; intervention limited to substantial procedural failures.	28 October 2019
Pule obo Public Servants Association of SA Department of Home Affairs Branch and Others v Public Servants Association N.O. and Others (J 2065/2019) [2019] ZALCJHB 128 (24 October 2019) Reported Branches of a trade union lack legal standing to sue; individual members or the union must bring disputes under s 158(1)(e). Labour law – Jurisdiction under s 158(1)(e) of the LRA – Standing – Branches of a trade union are not separate legal persons and lack locus standi to sue; members must sue in their personal capacities or the union must authorize litigation; s 38 Constitution not a bypass to statutory standing rules; costs may be awarded personally against representatives who pursue meritless representative litigation.	24 October 2019
IMATU obo Nathan v Polokwane Local Municipality (J 846/2017) [2019] ZALCJHB 378 (18 October 2019) Reported A written, signed grievance outcome can be a binding settlement agreement enforceable by the Labour Court. Labour law – Settlement agreements – Section 158(1)(c) and (1A) LRA – Common-law contract requirements (offer, acceptance, animus contrahendi, ad idem) – Written grievance outcome signed by parties can constitute enforceable settlement – Repudiation versus rescission of agreement – Condonation of late process where interests of justice require.	18 October 2019
South African Broadcasting Corporation (Soc) Ltd v Commission for Conciliation Mediation and Arbitration and Others (J 2055/2019) [2019] ZALCJHB 129 (18 October 2019) Reported An employer cannot avoid LRA unfair dismissal jurisdiction by labelling termination as a contractual breach. Labour Law – s158(1B) LRA – limits on interim review of rulings made during conciliation/arbitration; review only if just and equitable. Jurisdiction – provisional assumption of jurisdiction by commissioner to hear evidence on jurisdictional points not an immediate reviewable determination. Employment law – characterisation of termination – acceptance of repudiation/contractual breach that effects termination remains a "dismissal" under s186. Interim relief – requirements for stay: prima facie right, irreparable harm, balance of convenience; failure to establish same justifies continuation of arbitration. Costs – de bonis propriis costs against attorneys for abusive or dilatory litigation conduct.	18 October 2019
De Almeida v Reeflords Property Development (Pty) Ltd (JS 69/2017) [2019] ZALCJHB 379 (15 October 2019) Reported Retranchment found substantively and procedurally unfair where oral agreement on training and mileage was not reduced to writing, pregnancy claim dismissed. Labour law – retrenchment – s189 LRA – duty to engage in meaningful, consensus-seeking consultation; alternative employment – oral agreement on training and AA mileage rate not reduced to writing; substantive fairness – employee did not unreasonably refuse reasonable alternative; procedural fairness – employer’s failure to clarify and cement oral consensus and to consult before reallocating duties tainted process; automatically unfair dismissal claim for pregnancy – no causal link.	15 October 2019
Beyers v Anglo American Platinum Ltd N.O. and Others (JR 444/2017) [2019] ZALCJHB 381 (11 October 2019) Reported An employer that elects a disciplinary sanction cannot reverse it absent exceptional circumstances; reversal here rendered dismissal substantively unfair. Labour law — disciplinary procedure — review and substitution of sanctions — employer entitled to review where established practice exists but must prove exceptional circumstances to revisit an elected sanction. Doctrine of election — employer bound by sanction chosen through disciplinary chairperson absent exceptional justification. Substitution of sanction without lawful foundation vitiates action; remedy may be reinstatement and back pay.	11 October 2019
Edcon Limited v Cantamessa N.O. and Others (JR 30/2017) [2019] ZALCJHB 380 (11 October 2019) Reported Employer may dismiss for off-duty racist social media conduct where it seriously damages the employment relationship. Labour law – off-duty social media misconduct – employer competence to discipline – multifactorial inquiry into nexus with employer and reputational harm – parity principle – freedom of expression vs. hate speech in employment context.	11 October 2019
HC Heat Exchangers (Pty) Ltd v De Araujo N.O. and Others (JR 155/2016) [2019] ZALCJHB 382 (8 October 2019) Reported Employee resigned prematurely without exhausting grievance remedies; no constructive dismissal and bargaining council lacked jurisdiction. Labour law — Constructive dismissal (s186(1)(e)) — elements: resignation, objective intolerability, employer causation; grievance procedure and resignation as last resort; jurisdictional review under s145/158(1)(g) — de novo 'right or wrong' approach; arbitrator’s failure to make credibility findings and reliance on uncorroborated medical evidence reviewable.	8 October 2019
Solidarity v Minister of Labour and Others (J 3092/2018) [2019] ZALCJHB 130 (8 October 2019) Reported An SAHRC research report is advisory, not legally binding, and a court may not confirm or enforce its recommendations. • Chapter Nine institutions – SAHRC powers – distinction between monitoring/research and investigatory/remedial functions; • Administrative law – advisory research reports are not binding; Oudekraal principle does not convert research recommendations into enforceable orders; • Separation of powers – SAHRC may recommend but cannot direct legislative amendment; • Employment Equity Act – status of SAHRC recommendations regarding definition of designated groups and needs-based targeting.	8 October 2019
PSA obo Molosiwa v Department of Education and Sports Development North West (JR 1735/2015) [2019] ZALCJHB 383 (4 October 2019) Reported Dismissal held substantively fair but procedurally unfair; MEC erred by increasing sanction without hearing, six months' pay ordered. Employment law – disciplinary proceedings and appeals under the Employment of Educators Act (Schedule 2); right to be heard before increase of sanction. Procedural fairness – unreasonable delay in finalising appeal can render dismissal procedurally unfair. Review of arbitration awards – failure to give reasons does not always amount to reviewable irregularity if outcome is reasonable on evidence. Remedy – reinstatement inappropriate where trust is irreparably broken; compensation awarded.	4 October 2019