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Labour Court of South Africa, Port Elizabeth

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
Bird street 2, Central Port Elizabeth, Port Elizabeth, 6001
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https://www.justice.gov.za/labourcourt
3 judgments
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3 judgments
Citation
Judgment date
February 2013
Botha v CCMA NO and Others (P160/11) [2013] ZALCPE 7 (22 February 2013)
Arbitrator reasonably found no dismissal; review dismissed and applicant ordered to pay costs.
Labour law – jurisdictional fact of dismissal – objective assessment of whether conduct constituted dismissal or repudiation; fixed-term/automatic appointment clauses; requisites for repudiation; review standards and awarding costs for ill-founded review applications.
 22 February 2013
Makinana and Others v Albert Muller Harbron t/a Harbron Quarries and Goenendal Boerdery (P285/07) [2013] ZALCPE 8 (14 February 2013)
Reported
An unreviewed CCMA in limine ruling on employer identity is binding for trial unless set aside.
Labour law – CCMA in limine determination of employer identity – jurisdictional fact for conciliation and certificate of non-resolution – unreviewed CCMA ruling binding for purposes of trial; Labour Court review available under s158(1)(g); hearsay objection to attorney’s affidavit dismissed.
 14 February 2013
Mawethu Civils (Pty) Ltd and Another v National Union of Mineworkers and Others (P 562/11) [2013] ZALCPE 9 (12 February 2013)
Reported
Section 65(1)(c) LRA is to be read literally and does not bar strikes over disputes referable under other labour statutes.
Labour law – strikes – section 65(1)(c) LRA – literal interpretation; disputes referable under other labour statutes (e.g. BCEA) fall outside s65(1)(c); certainty when limiting constitutional right to strike; entitlement to interdict strike.
 12 February 2013