Skip to document content Skip to main menu Skip to search
profile image

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
4 judgments
Advanced search
All years
Filters
  • Filters
  • Judges
  • Labels
  • Alphabet
Sort by:
4 judgments
Citation
Judgment date
April 2019
Putco (Pty) Ltd v SA Road Passenger Bargaining Council NNO and Others (JR 1969/2018) [2019] ZALCJHB 142 (11 April 2019)
Reported
Labour Court can review bargaining-council exemption decisions for reasonableness; failure to give reasons permits set-aside and substitution.
Labour law – Bargaining council exemption and appeal decisions – reviewable under s158(1)(g); standard of review is Sidumo reasonableness; decision-makers must give intelligible, evidence‑based reasons; affordability is a factual enquiry; failure to give reasons/material misdirection may warrant substitution where record is complete and expedition required.
 11 April 2019
National Employers' Association of South Africa (NEASA) (Intervening) ; In Re: J & L Lining (Pty) Ltd v National Union of Metalworkers of South Africa and Others (J 3424/2018) [2019] ZALCJHB 143 (4 April 2019)
An intervenor has no automatic right to join litigation; leave to appeal refusal to intervene was dismissed.
Labour law – intervention and joinder – leave to intervene – discretionary test for intervention under Court rules; section 200(2) LRA does not confer automatic right to intervene; timing of intervention – too late after merits decided; remedy – apply to appeal court for joinder/intervention.
 4 April 2019
Maqavana v Massbuild (Pty) Ltd and Others (JR 393/2018) [2019] ZALCJHB 144 (3 April 2019)
Res judicata barred the applicant’s relitigation of an unfair-discrimination claim; discrimination grounds are evidentiary, not separate causes.
Employment Equity Act – jurisdiction of CCMA – res judicata – finality of arbitration awards – listed and unlisted discrimination grounds are facta probantia, not separate causes of action – equal pay/unequal remuneration disputes – scope of a cause of action under s6 and s10 EEA.
 3 April 2019
Independent Municipal and Allied Trade Union v Ekurhuleni Metropolitan Municipality N.O. and Others (JR 1696/2014) [2019] ZALCJHB 392 (2 April 2019)
Industrial council agreements promulgated under the old LRA are not collective agreements under the 1995 LRA and expired after the transitional period.
Labour law – Transitional arrangements – Industrial council agreements promulgated under old LRA; whether such agreements constitute "collective agreements" under the 1995 LRA and are amenable to bargaining council jurisdiction; effect and limited duration of Schedule 7 transitional provisions; interpretation and effect of Establishment Agreement clause deeming "existing collective agreements" of full force and effect.
 2 April 2019