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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
3 judgments
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3 judgments
Citation
Judgment date
May 2015
Almazest (Pty) Ltd v Alexander and Others (P03/2013) [2015] ZALCPE 6 (14 May 2015)
A substantial demotion and ~45% pay cut justified the arbitrator’s award of severance pay; joinder of the old employer was not required.
Labour law – severance pay – s 41 BCEA – reasonableness of alternative employment offer – demotion and substantial salary reduction. Labour law – transfer of business as going concern – s 197 LRA – joint and several liability of old and new employers; joinder is discretionary/convenience, not mandatory. Arbitration review – procedural irregularity (failure to invite joinder/misleading comment) not automatically fatal absent prejudice. Scope of arbitration under s 41 – does not extend to apportionment/indemnity disputes between old and new employers under s 197.
 14 May 2015
PE Golf Club v Commission for Conciliation Mediation and Arbitration N.N.O. and Others (PR 98/2013) [2015] ZALCPE 5 (14 May 2015)
Arbitrator unreasonably ignored standing written instruction; dismissal for failure to clean machine radiator upheld as fair.
Labour law – Review of arbitration award – Reasonableness standard (Herholdt/Kloof Mine) – Arbitrator’s misconstruction of charge by ignoring standing written instructions (checklist) – Patent irregularity in refusing postponement but non‑prejudicial – Sanction assessment: prior warnings and suspension supported dismissal.
 14 May 2015
Algoa Bus Company (Pty) Ltd v Transport Action Retail and General Workers Union and Another (P368/13) [2015] ZALCPE 7 (7 May 2015)
Reported
Court awards compensation under s 68(1)(b) for losses from an unprotected strike continued after an interdict, with instalments and wage deductions.
Labour law – Unprotected strike – Compensation under s 68(1)(b) of the LRA – factors: attempts to comply, premeditation, response to unjustified conduct, compliance with interdict, collective bargaining interests, duration, financial position. Evidence – affidavit-based proof of loss and attribution to strike; credibility of union's efforts to curb action. Remedies – joint and several liability of union and members; wage deductions authorised by BCEA s 34(1)(b); instalment repayment to mitigate financial effect.
 7 May 2015