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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
Visit website
https://www.justice.gov.za/labourcourt
2 judgments
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2 judgments
Citation
Judgment date
October 2023
Van Wyk and Others v Minister of Employment and Labour and Others (2022/017842) [2023] ZALCJHB 2 (25 October 2023)
Statutory maternity/parental leave distinctions unfairly discriminate by gender and by category of parenthood; interim shared four-month parental leave ordered.
Parental leave; equality and dignity (sections 9 and 10); unfair discrimination between birth, adoptive and commissioning parents and between mothers and fathers; Harksen test for discrimination; remedy by declaration of invalidity with two-year suspension and interim reading-in to provide four months' shared parental leave; Biowatch costs order.
 25 October 2023
September 2023
Foy v Department of Justice and Constitutional Development and Others (J1952/2017) [2023] ZALCJHB 1 (8 September 2023)
Reported
Managerial decisions and discrete workplace acts did not establish harassment as unfair discrimination; claimant failed to prove arbitrariness.
Employment Equity Act — harassment as unfair discrimination — definition and Code of Good Practice; burden under s11(2) to prove arbitrariness; managerial acts vs workplace harassment; objective impact on dignity; conciliation/time limits; overlap with LRA unfair labour practice remedies.
 8 September 2023