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.

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Bird street 2, Central Port Elizabeth, Port Elizabeth, 6001

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13 judgments

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13 judgments

Citation	Judgment date
December 2014
Ketse v Telkom SA Soc Ltd and Others (P 400/14) [2014] ZALCPE 1 (5 December 2014) Reported An employer consulting the required collective body need not separately consult individual employees; termination was lawful. Labour law – Section 189(1) hierarchy – consultation with bodies under collective agreements displaces obligation to consult individual employees; locus standi under s189A(13); facilitation under s189A(4) may be by agreement; effect of s189A(7) time limits on lawful termination.	5 December 2014
September 2014
ADT Security (Pty) Ltd v CCMA and Others (P 117/12) [2014] ZALCPE 3 (3 September 2014) Arbitrator misapplied consistency principle and wrongly characterized gross negligence as mere negligence; dismissal remitted for reconsideration. Labour law — Review of arbitration award — Gross negligence standard — Distinction between severity of misconduct and intolerability of employment relationship — Consistency in sanctions — Erroneous comparator based on procedural flaw — Remittal for reconsideration of sanction.	3 September 2014
Mawethu v Smith N.O. and Others (P 550/11) [2014] ZALCPE 2 (3 September 2014) A CCMA s142A settlement providing reinstatement was validly made an arbitration award despite a later signed fixed-term contract. Labour law – s142A settlement agreements – enforcement as arbitration awards; review grounds – tribunal reliance on extraneous recollection; contractual interpretation and rectification; role of subsequent conduct; waiver/election defence reserved.	3 September 2014
August 2014
Crown Chicken (Pty) Ltd t/a Sovereign Foods v CCMA N.O. and Others (P427/2009) [2014] ZALCPE 5 (12 August 2014)	12 August 2014
Motsoasele v Ward N.O. and Others (P159/2014) [2014] ZALCPE 4 (12 August 2014) Labour Court may intervene to protect an employee's right to be heard when a commissioner refuses to re-open a case. Labour law – CCMA arbitration – intervention in uncompleted arbitrations – exceptional circumstances permitting Labour Court relief to prevent denial of right to be heard. Administrative fairness – commissioner’s duty under s138 LRA to determine disputes fairly; right to be heard. Remedies – limits of s144 rescission and review as alternative remedies where party was present but denied opportunity to present evidence. Costs – employer ordered to pay costs for opposing unnecessary litigation.	12 August 2014
Moleko v Joe Gqabi Economic Development Agency (Pty) Ltd and Another (P240/14) [2014] ZALCPE 6 (1 August 2014) Court intervened in an uncompleted disciplinary enquiry where the chairperson acted ultra vires and awarded costs to the applicant. Labour law – interim relief to stay disciplinary enquiry; jurisdiction to intervene in uncompleted disciplinary proceedings in exceptional cases; ultra vires findings by chairperson; right to be heard (audi) and waiver; authority to represent juristic person; costs where applicant would have succeeded but for respondent's dismissal.	1 August 2014
May 2014
D B Bezuidenhout t/a D B Bezuidenhout v Pretorius NO and Others (PR195/13) [2014] ZALCPE 7 (27 May 2014) Reported Award set aside where arbitrator failed to record proceedings, concealed conflict and breached duty to act impartially. Labour law – arbitration – duty to conduct arbitration fairly (s138(1) LRA); failure to record proceedings – reviewability of award; duty to disclose conflicts of interest and to recuse; unreasonable award; adverse costs (attorney-and-client) for arbitrator and bargaining council.	27 May 2014
MSC Logistics (Pty) Ltd and Another v NUMSA and Others (P99/14) [2014] ZALCPE 8 (21 May 2014) A letter of intent does not satisfy LRA s68(2); urgent interdict struck for inadequate notice and costs awarded against applicants. Labour law – secondary strikes – s66 and s68(2) LRA – statutory "notice of the application" requires a notice of motion with supporting affidavits; letter of intent insufficient – requirements for shortening 48‑hour notice (written notice, reasonable opportunity to be heard, good cause) – condonation procedure required – costs awarded for non‑compliance.	21 May 2014
Niemand v South African Post Office Ltd (P 528/10) [2014] ZALCPE 9 (16 May 2014) Court dismissed automatic-unfairness claims; referral to CCMA for ordinary unfair-dismissal arising from incapacity; costs shared. Labour law – alleged automatically unfair dismissal – s 187(1)(d) (exercise of LRA rights) and s 187(1)(h) (protected disclosure under PDA) – causation test from Kroukam applied; incapacity dismissal – contested medical incapacity and Disability Management Committee procedures; jurisdiction – court may dismiss automatic-unfairness claim and refer ordinary unfair-dismissal disputes to CCMA; costs – each party to pay own.	16 May 2014
Algoa Bus Company (Pty) Ltd v South African Transport and Allied Workers Union and Others (P 337/12) [2014] ZALCPE 10 (15 May 2014) Reported Failure to file a proper answering affidavit left the applicant's version unchallenged, but insufficient evidence on section 68 required oral evidence. Labour law – strike – unprotected strike – claim for damages under section 68(1)(b) of the LRA – requirements for assessment of just and equitable compensation. Civil procedure – motion proceedings v action – material disputes of fact and when motion proceedings are inappropriate. Rescission/condonation – section 165 of the LRA – delay and unsatisfactory explanation. Evidence – adequacy of affidavit evidence to determine quantum; referral to oral evidence where factual basis is insufficient.	15 May 2014
April 2014
Teddybear Consulting Trust t/a Blue Bay Food Stop v Deysel and Another (P 343/13) [2014] ZALCPE 11 (29 April 2014) Applicant’s contractual damages claim dismissed for failure to plead or prove calculations and legal basis for claimed losses. Employment law – Contractual damages – Claim for notice pay and other losses dismissed where amounts were baldly stated without factual or documentary substantiation; court may not engage in conjecture when assessing damages (SA Football Association v Mangope applied). Contract – notice provisions; proof of damages; legal basis for recovery of employer property.	29 April 2014
February 2014
Border Rugby Football Union v Mjiji (P 189/12) [2014] ZALCPE 13 (7 February 2014) An arbitrator’s refusal to decide issues in the parties’ agreed terms of reference is a gross irregularity making the award reviewable. Arbitration — review under s33 Arbitration Act — agreement that award is final does not oust review — arbitrator must determine issues in parties’ agreed pleadings — failure to adjudicate issues within terms of reference is gross irregularity and excess of power — award reviewable and remitted.	7 February 2014
January 2014
Tantsi v Member of the Executive Council of Health-Eastern Cape Province and Others (P 02/14) [2014] ZALCPE 14 (31 January 2014) Applicant failed to establish urgency; application struck from the roll and costs awarded to respondent. Labour law — Urgent applications — Rule 8(2) requires explanation of urgency and non-compliance with rules; delay and self-created urgency defeat entitlement to urgent relief; internal disciplinary remedies should be exhausted before review; costs follow where urgency not established.	31 January 2014