Labour Court of South Africa, Johannesburg - 2019 July

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2 judgments

Citation	Judgment date
July 2019
Marques and Others v Group Five Construction (Pty) Ltd N.N.O and Others (D 1051/2019) [2019] ZALCJHB 139 (25 July 2019) Reported Labour Court cannot uplift business-rescue moratorium; applicants must seek High Court leave or pursue arbitration. Companies Act – business rescue – s133 general moratorium on legal proceedings – scope includes arbitrations and bars proceedings without practitioner’s consent or court leave. Labour law – jurisdiction – Labour Court lacks power to uplift s133 moratorium; leave to proceed against a company in business rescue must be sought in the High Court where practitioner does not consent. Interaction – Companies Act s133 and s136 vis-à-vis LRA s210 and BCEA: statutory severance pay is payable but forum and timing constrained by business rescue moratorium. Urgency – non-payment of remuneration without particularised evidence of exceptional hardship does not establish urgency.	25 July 2019
Gallocher v Social Housing Regulatory Authority and Another (J 1485/2019) [2019] ZALCJHB 388 (3 July 2019) Reported Labour Court set aside the applicant’s suspension as unlawful and an occupational detriment following an inquorate, procedurally defective council decision. Labour Court jurisdiction to grant urgent interim relief; urgency standards for departing LRA dispute procedures; lawfulness of suspension — quorum, notice and agenda requirements under institutional Charter and statute; protected disclosures (PDA) — disclosure, good faith, and causal nexus to occupational detriment; relief — upliftment of unlawful suspension; costs discretion in employment litigation.	3 July 2019