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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
7 judgments
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7 judgments
Citation
Judgment date
March 2019
Valakelis v Van der Merwe NO and Others (JR 518/2016) [2019] ZALCJHB 145 (27 March 2019)
Arbitrator’s finding of fair operational retrenchment and adequate consultation was reasonable; review application dismissed.
Labour law – operational requirements – retrenchment – bona fide and rational commercial rationale; Consultation – section 189 LRA – meaningful joint consensus‑seeking process and effect of preliminary managerial views; Procedural fairness – employee’s refusal to participate based on alleged predetermination; Judicial review – Sidumo reasonableness test – outcome‑based enquiry; Review grounds – misconduct, gross irregularity, exceeding powers not established.
 27 March 2019
Civil And Power Generation Projects (Pty) Ltd V CCMA and Others (JR 2473/2016) [2019] ZALCJHB 58 (22 March 2019)
Reported
Rolling unprotected strike forfeits employees' entire annual project bonus; arbitrator's contrary interpretation reviewed and set aside.
Labour law – CCMA arbitration – review under s 145 LRA – material error of law in interpretation of collective agreement – reasonableness test applied. Collective agreement – Project Labour Agreement clause 13.25 – project bonus accrual and forfeiture – rolling unprotected strike triggers forfeiture of entire annual bonus unless exceptions apply. Interpretation – Endumeni principles: text, context, purpose; objective rather than subjective construction. Relief – review and substitution of arbitration award where facts undisputed and issue predominately legal.
 22 March 2019
Association of Mineworkers and Construction Union v Sibanye Gold Ltd t/a Sibanye Stillwater and Others (J 353/2019; J 380/2019) [2019] ZALCJHB 147 (20 March 2019)
Reported
A majority union may validly extend a collective agreement retrospectively, limiting minority unions’ right to strike for its duration.
Labour law – s 23(1)(d) LRA – extension of collective agreements to non-party employees – separate ex post facto extension valid – retrospective effect permitted – majoritarianism limits right to strike.
 20 March 2019
SASBO obo Mahlangu v Commission for Conciliation Mediation and Arbitration and Others (JR 1142/2015) [2019] ZALCJHB 148 (20 March 2019)
Dismissal for poor performance upheld; alleged commissioner sleeping and postponement refusal did not vitiate award.
Labour law – dismissal for poor performance; review under s145 LRA; Sidumo reasonableness test; Schedule 8 Item 9 requirements; commissioner misconduct (sleeping) and gross irregularity; refusal of postponement and discretion.
 20 March 2019
NEHAWU obo Members v Metrofile (Pty) Ltd N.O. and Others (JS 382/2018) [2019] ZALCJHB 149 (8 March 2019)
Condonation for a 211‑day late referral refused: delay inadequately explained and prospects of success not shown.
Labour law – condonation for late referral – interests of justice test (Grootboom; Melane) – excessive delay (211 days) – inadequate explanation – prospects of success not established – pleadings not incorporated by respondent’s special pleas – importance of speedy resolution of employment disputes.
 8 March 2019
Kock v CCMA N.O. and Others (JR 1163/2016) [2019] ZALCJHB 150 (5 March 2019)
Arbitrator’s award upholding dismissal for applicant’s repeated insubordination was reasonable; review dismissed.
Labour law – review of CCMA arbitration – reasonableness standard under s145 LRA; final written warning is disciplinary action short of dismissal and must be separately challenged as an unfair labour practice; arbitrator may decline to reopen unchallenged warnings in unfair dismissal arbitration; repeated deliberate insubordination can justify dismissal; procedural fairness satisfied.
 5 March 2019
Vodacom (Pty) Ltd and Others v National Association of South African Workers and Another (J 256/2019) [2019] ZALCJHB 393 (4 March 2019)
Reported
An unregistered union cannot claim workplace access rights against a premises owner; Labour Court has jurisdiction.
Labour Court jurisdiction under s157(2)(a) LRA; unregistered trade unions not entitled to Chapter III organisational rights; applicants entitled to final interdict preventing unauthorised access and meetings on private premises; subsidiarity of statutory labour mechanisms; costs awarded.
 4 March 2019