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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
10 judgments
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10 judgments
Citation
Judgment date
December 2013
Department of Health v PHSDSBC N.O. and Others (P294/2011) [2013] ZALCPE 1 (13 December 2013)
Reported
Bargaining council may adjudicate alleged s17 PSA terminations if the statutory absence requirements are not established.
Public Service Act s17(5)(a)(i) — ex lege termination for absence without permission for >1 calendar month — jurisdiction of bargaining council — factual enquiry justiciable — dismissal v s17 termination distinction — review standard: Sidumo/Herholdt reasonableness test.
 13 December 2013
September 2013
Department of Health Eastern Province v PHWSBC and Others (P217/07; P219/07) [2013] ZALCPE 2 (12 September 2013)
A commissioner may lawfully find dismissal disproportionate where prolonged unfair treatment and non‑compliance with prior orders mitigate an employee’s dishonest act.
Labour law – dismissal for dishonesty – mitigation where employee acted in higher post without promotion or pay; employer’s non‑compliance with prior arbitral/court orders; Sidumo reasonableness review standard; reinstatement vs re‑employment; substantive fairness of sanction.
 12 September 2013
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
March 2013
Dukada v MEC Department of Provincial Planning and Treasury Province of Eastern Cape and Others (P 27/13) [2013] ZALCPE 5 (28 March 2013)
Reported
Chairperson's failure to consider available non-legal representatives and employee's prejudice made allowance of legal representation reviewable.
Disciplinary procedure – legal representation – SMS Handbook clause 2.7(3)(e) – whether mandatory or directory; administrative law – discretion and reasonableness – chairperson must consider availability of non-legal representatives and prejudice from legal costs; civil procedure – strike out of irrelevant, scandalous or vexatious allegations.
 28 March 2013
Arends and Others v SALGBC N.O. and Others (P107/12) [2013] ZALCPE 6 (1 March 2013)
Non‑party employees cannot invoke s24 arbitration; dispute was contractual, so review dismissed.
Labour law – LRA s24 – Disputes about collective agreements – Interpretation/application limited to parties to the agreement – Non-party employees are beneficiaries, not parties – Jurisdictional facts required before arbitration – Distinction between interpretation issue in a dispute and the true dispute – Review of jurisdictional ruling.
 1 March 2013
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
January 2013
Department of Correctional Services v General Public Service Sectoral and Others (P 340/09) [2013] ZALCPE 10 (24 January 2013)
Default arbitration set aside for defective notice transmission and unauthorised deponent; matter remitted for rehearing.
Labour law – review of default arbitration award; locus standi of deponent to opposing affidavit; review versus rescission; procedural fairness and notice under s138(5) and Rule 29; transmission of notice to incorrect fax as gross irregularity; admissibility/oath procedural irregularity not fatal.
 24 January 2013