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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
Citation
Judgment date
June 2015
Member of the Executive Council v General Public Service Sectoral Bargaining Council N.O. and Others (P 206 /2013) [2015] ZALCPE 3 (26 June 2015)
Reported
Arbitrator misconceived a promotion complaint as a salary-upgrade matter; award set aside for material irregularity and lack of jurisdiction.
Labour law — Review of arbitration award — Unfair labour practice (promotion) vs job grading/upgrade — Public Service Act and Regulations govern post grading — Jurisdictional issue: late referral/condonation — Arbitrator misconceived the nature of the enquiry, decided without evidence and exceeded powers — Award set aside.
 26 June 2015
Ralo v Transnet Port Terminals N.O. and Others (P136/2014) [2015] ZALCPE 4 (17 June 2015)
Late filing of a review record beyond the practice manual’s 60 days deems the application withdrawn and it is struck from the roll.
Labour Court practice manual – filing of record for review – 60‑day rule – paragraph 11.2.3 deeming late filing as withdrawal – practice directives binding – remedy: strike from roll; condonation/reinstatement application available.
 17 June 2015
Intsika Yethu Municipality v South African Local Government Bargaining Council and Others (PR 38/13) [2015] ZALCPE 13 (12 June 2015)
Arbitrator’s procedural‑unfairness finding set aside where it relied on an unadvanced ground and no prejudice was shown; cross‑review condoned.
Labour law – review of arbitration award – procedural fairness – arbitrator reliance on unadvanced ground impermissible – non-compliance with disciplinary code does not establish unfairness absent prejudice – condonation – inordinate delay and inadequate explanation fatal to late cross-review.
 12 June 2015