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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
3 judgments
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3 judgments
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Judgment date
April 2015
Cecil Nurse (Pty) Ltd v Busakwe N.O. and Others (PR 174/2013) [2015] ZALCPE 9 (29 April 2015)
Commissioner failed to balance factors; dismissal for admitted dishonesty was substantively and procedurally fair and substituted by the Court.
Labour law – dismissal for dishonesty – weight of dishonesty in sanction assessment; Commissioner’s duty to balance mitigating and aggravating factors (Sidumo); Review – unreasonableness/partiality as reviewable irregularity; Substitution of arbitration award by court where record complete; Position of trust and prior warning aggravating misconduct.
 29 April 2015
Gezu v South African Local Government Bargaining Council N.O. and Others (PR 177/13) [2015] ZALCPE 10 (29 April 2015)
Applicant failed to show arbitrator unreasonable; technical affidavit defect not fatal and condonation was upheld.
Labour law – condonation for late institution of disciplinary proceedings – SALGBC disciplinary code time limits – procedural requirement of affidavit – signature on annexure – substance over form – review on reasonableness standard.
 29 April 2015
Peter Cooper Estates v Van Eeden and Others (PR 40/2013) [2015] ZALCPE 11 (24 April 2015)
Court upheld CCMA finding that claimant was an employee, not an independent contractor, and dismissed the review with costs.
Labour law – employment relationship – employee v independent contractor; application of s 200A indicia (control, integration, economic dependence, tools, exclusivity); contractual labels and waivers not determinative of employment status; review standard (de novo for employment-status findings; reasonableness for other grounds); arbitration award of unfair dismissal and compensation upheld.
 24 April 2015