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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
2 judgments
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2 judgments
Citation
Judgment date
June 2019
UASA and Others v Western Platinum (Pty) Ltd and Others (J 1338/2019) [2019] ZALCJHB 140 (24 June 2019)
Reported
An agency shop agreement is invalid unless it expressly replicates the requirements of section 25(3) of the LRA.
Labour law – Agency shop agreements – Formal requirements of s 25(3) LRA – Agreement must expressly provide prescribed matters; substantial or implied compliance insufficient (Greathead v SACCAWU); invalidity renders deductions unlawful – Urgency where deregistration risk may prejudice recovery of deductions.
 24 June 2019
Skinner and Others v Nampak Products Ltd and Others (JS 197/2016) [2019] ZALCJHB 389 (20 June 2019)
Capping PRMA under a clause granting employer "sole discretion" was lawful and not a substantive unfair labour practice.
Labour law – Benefits – Post‑retirement medical aid – Interpretation of policy clauses – "subject to" as limitation to substantive entitlements. Contract law – Clauses conferring a party with "sole discretion" – scope: whether unfettered or subject to an objective standard (arbitrio bono viri). Labour law – Unfair labour practice relating to benefits – exercise of employer discretion scrutinised for arbitrariness and commercial rationality. Remedies – LRA compensation as solatium (just and equitable), distinct from actuarial valuation of contractual liability. Jurisdiction – s191(6) CCMA referral to Labour Court to adjudicate substantive unfairness.
 20 June 2019