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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
5 judgments
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5 judgments
Citation
Judgment date
November 2019
National Association of South African Workers obo Members v Kings Hire CC (J 2290/2019) [2019] ZALCJHB 374 (29 November 2019)
Reported
Urgent application to interdict employer lock-out dismissed for lack of urgency and because lock-out was lawful.
Labour law – Lock-out – Lawful response to unresolved mutual interest dispute after conciliation certificate – Strike notice in abeyance does not preclude lock-out – Section 64(1)(c) notice requirements (48 hours and identification of issue) – Urgency and final relief - self-created delay.
 29 November 2019
NTM obo Molema and Others v Botselo Holdings (Pty) Ltd (J 1006/2016) [2019] ZALCJHB 373 (29 November 2019)
Reported
Dismissals for participation in an unprotected strike were substantively fair but procedurally unfair; no compensation awarded.
Labour law – Unprotected strike; ultimatums and Labour Court interdicts; duty to afford audi alteram partem before dismissal; substantive fairness of strike dismissals; compensation discretion under section 194 of the LRA.
 29 November 2019
HeightSafety Training Academy (Pty) Ltd v Mose and Others (J 2039/2019) [2019] ZALCJHB 375 (22 November 2019)
Labour Court enforces a limited client‑and‑supply restraint but refuses broader prohibition and declines delictual jurisdiction.
Labour law – Restraint of trade – enforceability and reasonableness; protectable interest in proprietary training methods, products and client connections; delimitation between general skillsets and exclusive know‑how; Labour Court jurisdiction limited to contractual employment disputes — delictual claims for inducement to breach are not within Labour Court jurisdiction.
 22 November 2019
Petro Chem Technical Service (Pty) Ltd v Motor Industry Bargaining Council Dispute Resolution Centre N.O. and Others (J 1744/2016) [2019] ZALCJHB 127 (14 November 2019)
Reported
The Labour Court lacks jurisdiction to hear a review once lapsed under the Practice Manual absent formal reinstatement.
Labour Court Practice Manual – clause 11.2.7 – review applications are urgent; must be prosecuted and papers filed within 12 months or they lapse and are archived. Requirement for condonation/reinstatement – a separate Rule 11/condonation application required to show good cause/truly exceptional circumstances. Jurisdiction – archived/lapsed review applications deprive the Court of jurisdiction unless properly reinstated. Pre-enrolment hearings or interim orders do not cure non-compliance with Practice Manual time limits.
 14 November 2019
Bouwer v Supreme Pets CC and Others (JR 121/2018) [2019] ZALCJHB 376 (8 November 2019)
The 30‑day CCMA referral period runs from when the employee is informed of the final appeal outcome; late review without condonation dismissed.
Labour law – dismissal – internal appeal – s191(1)(b)(i) LRA – 30‑day CCMA referral period runs from date employee is informed of employer’s final decision (including appeal outcome). Civil procedure – CCMA referral date – date of filing at the CCMA (not service on employer). Review – s145 LRA six‑week time limit for review of arbitration awards – condonation required for late review; s158(1)(g) – alternative review must be within reasonable time. Costs – de bonis propriis – attorneys’ negligence in a serious degree may attract costs against attorneys personally.
 8 November 2019