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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
September 2019
Johannesburg Metropolitan Bus Services (Soc) Ltd v Democratic Municipal and Allied Workers Union and Others (J 1799/2019) [2019] ZALCJHB 131 (20 September 2019)
Reported
Leave to appeal granted on novel question whether an in‑principle pay‑progression demand can attract protected strike status.
Labour law – protected strike – legitimacy of an ‘agreement in principle’ pay‑progression demand – novel question whether such in‑principle demands are disguised remuneration demands; Superior Courts Act s18 – suspension of decision pending leave to appeal; limits on interim interdictory relief pending appeal.
 20 September 2019
Nhlapho and Others v SASOL Mining Ltd (JS 737/2009; JS 778/2009) [2019] ZALCJHB 384 (19 September 2019)
Underground sit‑in was unprotected; dismissals were substantively disproportionate though procedures were largely fair.
Labour — dismissal for participation in unprotected strike — underground sit‑in — mine safety risks — employer’s duty to engage recognised shop‑steward leadership — ultimata and disciplinary enquiries — substantive disproportion and tailored reinstatement/compensation remedies.
 19 September 2019
Intercape Ferreira Mainliner (Pty) Ltd v Mcwade N.O. and Others (JR 158/2017) [2019] ZALCJHB 132 (18 September 2019)
Reported
Non-disclosure of materially adverse prior-employment facts can justify dismissal for senior positions.
Labour law – recruitment disclosure – non-disclosure of material prior-employment facts; materiality test for disclosure in senior appointments; arbitrator’s error of law and review for unreasonableness; substitution of arbitration award; costs under s 162 LRA.
 18 September 2019
POPCRU obo Makhetle v Safety and Security Sectoral Bargaining Council N.O. and Others (JR 1235/2016) [2019] ZALCJHB 385 (18 September 2019)
Reported
Arbitrator’s finding of possession and dismissal upheld where employee denied possession and failed to put alternative version to the complainant.
Labour law – review of arbitration award; criminal-law elements of possession and receiving stolen property (common law; ss 36 and 37 General Law Amendment Act); credibility – failure to put alternative version to complainant; procedural consequence of denying possession then offering alternative explanation; dismissal as appropriate sanction for police officer convicted of receiving/possessing stolen goods.
 18 September 2019