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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
November 2022
Truworths Limited v Mochekgechekge and Others (JR 2787/18) [2022] ZALCJHB 1 (29 November 2022)
Arbitrator misdirected himself by failing to consider material evidence; dismissal for persistent cash discrepancies was substantively fair.
Labour law – review of arbitration award – s 145(2) LRA – gross irregularity/unreasonable outcome – arbitrator’s misdirection and failure to consider material evidence. Dismissal for repeated cash discrepancies – operational requirements and risk management – warnings, counselling and training as factors supporting substantive fairness. Mitigation: pregnancy – credibility and causal link must be properly assessed by arbitrator.
 29 November 2022
May 2022
Infinitum Holding (Pty) Ltd and Another v Lerm and Others (26799/2017) [2022] ZALCJHB 1 (18 May 2022)
Rescission refused; business rescue resolution not void ab initio and estoppel upheld against attackers of the settlement.
Companies Act — business rescue — s129(1), s129(2)(a) and s130 — resolution to commence business rescue not void ab initio when liquidation proceedings exist; remedy is application to set aside under s130; Rescission — Uniform Rule 42(1)(a) and common law — requirements and discretion; Authority of attorneys — apparent authority and estoppel; Delay and costs — inordinate delay and vexatious conduct may justify de bonis propriis costs.
 18 May 2022