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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.

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

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https://www.justice.gov.za/labourcourt

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1 judgment

Citation	Judgment date
February 2022
Binza v Walter Sisulu University N.O. and Others (P19/2022) [2022] ZALCPE 1 (25 February 2022) Labour Court cannot declare a precautionary suspension invalid; unfair suspension disputes fall to the CCMA under the LRA. Labour law – Unfair suspension – dispute characterised as unfair labour practice under s185 and s186(2)(b) of the LRA – exclusive remedies and procedure under ss191–193 – CCMA jurisdiction; Precautionary suspension distinguished from punitive suspension – no general pre-suspension audi alteram partem requirement; Section 158(1)(a)(iii) LRA interpreted restrictively; Requirement to plead contractual breach with specificity (s77 BCEA).	25 February 2022

Citation

Judgment date

February 2022

Binza v Walter Sisulu University N.O. and Others (P19/2022) [2022] ZALCPE 1 (25 February 2022)

Labour Court cannot declare a precautionary suspension invalid; unfair suspension disputes fall to the CCMA under the LRA.

Labour law – Unfair suspension – dispute characterised as unfair labour practice under s185 and s186(2)(b) of the LRA – exclusive remedies and procedure under ss191–193 – CCMA jurisdiction; Precautionary suspension distinguished from punitive suspension – no general pre-suspension audi alteram partem requirement; Section 158(1)(a)(iii) LRA interpreted restrictively; Requirement to plead contractual breach with specificity (s77 BCEA).

25 February 2022