LABOUR APPEAL COURT

These are Decisions of the Labour Appeal Court from inception to date, and updated weekly.

Though the Labour Courts adjudicates matters relating to labour disputes between an employer and employee, it is mainly guided by the Labour Relations Act which deals with matters such as unfair labour practices for example dismissing an employee without giving notice. The Labour Court can order an employer or employee or union to stop committing an unfair labour practice. It can give jobs back to employees who have lost their jobs unfairly, and so on.

The Labour Appeal Court hears appeals against decisions in the Labour Court and this is the highest court for labour appeals. The court was established by the Labour Relations Act, 1995, and has a status similar to that of the Supreme Court of Appeal. It has its seat in Johannesburg but also hears cases in Cape Town, Port Elizabeth and Durban.

Judges of the Labour Court, who must be High Court judges, are appointed by the President, acting on the advice of the Judicial Service Commission and the National Economic Development and Labour Council. The Judge President (JP) and a Deputy Judge President (DJP) of the Labour Court also serve as JP and DJP of the Labour Appeal Court and there are eight other judges on the court. Each case before the court is heard by a panel of three judges.

Ordinarily the judgments of the Labour Appeal Court are final and there is no further appeal, but when a constitutional issue is involved an appeal may be made to the Supreme Court of Appeal and ultimately the Constitutional Court. As there is a constitutional right to fair labour practices, such appeals are not uncommon.

DOWNLOAD OUR APPS

Get an unrestricted 15-day trial period for free.

This enables the user to familiarize himself/herself with all the features of the App, and an opportunity to evaluate the search engine if it meets his/her requirements before s/he commits to NextLaw™ one-year minimum subscription.