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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
Visit website
https://www.justice.gov.za/labourcourt
2 judgments
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2 judgments
Citation
Judgment date
March 2015
Minister of Police v Safety and Security Sectoral Bargaining Council N.O. and Others (P 582/2011) [2015] ZALCPE 12 (24 March 2015)
A reasonable arbitrator’s finding that officers bona fide exercised discretion, negating misconduct, is not reviewable.
Labour law – review of arbitration award – reasonableness standard – deference to arbitrator’s factual findings; Police disciplinary law – exercise of discretion not to arrest in terms of National Commissioner’s directive; Evidentiary burden – employer’s failure to produce SAPS 13 register undermines proof; Procedural irregularity – absence of prejudice defeats review remedy.
 24 March 2015
Swart v Minister of Correctional Services and Another (P549/09) [2015] ZALCPE 8 (24 March 2015)
Reported
Court enforces arbitration-derived promotion order, denies contempt imprisonment for lack of personal service, and rejects late legality challenge.
Labour law – interpretation of arbitration awards and court orders; enforcement of awards made an order of court; contempt of court – requisites (order; service; non-compliance; wilfulness/mala fides); alleged illegality under Public Service Act/PFMA – timing and limits of raising illegality; discretionary exclusion of late affidavits.
 24 March 2015