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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
4 judgments
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4 judgments
Citation
Judgment date
February 2019
Sun International Limited v SACCAWU obo Ramerafe and Others (JR 1501/2017) [2019] ZALCJHB 151 (26 February 2019)
Reported
Award set aside for misapplying EEA onus, misunderstanding regulations and exceeding remedial powers; matter remitted for rehearing.
Employment Equity Act – section 11 evidentiary onus – where discrimination on a listed ground is alleged employer must justify differentiation. Employment Equity Regulations – Regulation 4 (categories of work of equal value) and Regulation 7 (justifying factors for pay differentiation). Review – commissioner’s failure to apply correct legal framework, unreasonable outcome and excess of remedial powers. Remedy – award reviewed and set aside; matter remitted for rehearing.
 26 February 2019
National Union of Metal Workers of South Africa and Another v BMW (South Africa) (Pty) Ltd (JS 740/2018) [2019] ZALCJHB 394 (19 February 2019)
Reported
A referral for adjudication under s191(5)(b) must be made within 90 days of the CCMA certificate of outcome.
Labour law – referral for adjudication under s191(5)(b) – s191(11) requires referral within 90 days of CCMA certificate of outcome – distinction between arbitration and adjudication time limits – certificate can trigger 90-day period even if issued after 30-day conciliation period.
 19 February 2019
Tasima (Pty) Ltd v Road Traffic Management Corporation and Others (J 890/2017) [2019] ZALCJHB 152 (19 February 2019)
Court enforced Labour Appeal Court’s section 197 transfer order pending appeal to protect employees’ livelihoods.
Labour law — Section 197 LRA transfers — enforcement pending appeal under s18 Superior Courts Act — exceptional circumstances and irreparable harm required to displace suspension of execution — authority and locus standi in motion proceedings.
 19 February 2019
Sibanye Gold Limited t/a Sibanye Stillwater v Association of Mineworkers and Construction Union and Others (J 68/2019) [2019] ZALCJHB 395 (8 February 2019)
A prior merits dismissal barred re‑litigation of the same labour dispute; applicant’s subsequent urgent application was struck out and costs awarded.
Labour law – res judicata – when a prior dismissal for failure to prove case on papers constitutes a final judgment on the merits; idem actor, idem reus, eadem causa petendi. Procedure – repetition of motion proceedings – limits on re‑litigation and requirement to use avenues left open by prior order (CCMA verification). Labour practice – urgent applications and abbreviated timetables – costs discretion, including costs of two counsel.
 8 February 2019