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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
2 judgments
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2 judgments
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Judgment date
April 2013
Crown Chicken (Pty) Ltd t/a Sovereign Foods v CCMA N.O. and Others (P 337/11) [2013] ZALCPE 3 (18 April 2013)
Filing a rescission application does not prevent a CCMA commissioner from rescinding his own ruling under section 144(a) LRA.
Labour law – CCMA procedure – rescission of awards – section 144(a) LRA – filing of rescission application does not oust commissioner’s power to rescind sua sponte; procedural irregularity and minor factual errors do not automatically render a ruling reviewable.
 18 April 2013
Lemley v CCMA N.N.O. and Others (P 32/12) [2013] ZALCPE 4 (17 April 2013)
Withdrawal of a CCMA referral does not bar a fresh referral; erroneous jurisdictional rulings are reviewable.
Labour law – CCMA jurisdiction – whether withdrawal of a referral bars a fresh referral – withdrawal does not bar re-referral. Administrative law – reviewability – commissioner’s incorrect finding of lack of jurisdiction is reviewable. Procedure – condonation – factors: delay, explanation, prospects of success, prejudice.
 17 April 2013