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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

1 judgment

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1 judgment

Citation	Judgment date
February 2023
NEHAWU and Others v MEC Department of Health Eastern Cape and Others (125/11; 127/11; P118/11) [2023] ZALCPE 1 (11 February 2023) Whether pre‑2001 collective agreements remain enforceable despite post‑2001 Public Service Regulations and statutory conflict. Labour law — Arbitration Act s 20 — Opinion by court on arbitrator's question; Collective agreements and statutory instruments — principle of legality; Non‑retrospectivity of regulations — 2001 Public Service Regulations do not automatically invalidate pre‑2001 instruments; Arbitrator's jurisdiction to consider pre‑2001 instruments under parties' settlement agreement.	11 February 2023

Citation

Judgment date

February 2023

NEHAWU and Others v MEC Department of Health Eastern Cape and Others (125/11; 127/11; P118/11) [2023] ZALCPE 1 (11 February 2023)

Whether pre‑2001 collective agreements remain enforceable despite post‑2001 Public Service Regulations and statutory conflict.

Labour law — Arbitration Act s 20 — Opinion by court on arbitrator's question; Collective agreements and statutory instruments — principle of legality; Non‑retrospectivity of regulations — 2001 Public Service Regulations do not automatically invalidate pre‑2001 instruments; Arbitrator's jurisdiction to consider pre‑2001 instruments under parties' settlement agreement.

11 February 2023