Labour Court Of South Africa
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The Labour Court is a South African court that handles
labour law Labour laws (also known as labor laws or employment laws) are those that mediate the relationship between workers, employing entities, trade unions, and the government. Collective labour law relates to the tripartite relationship between employee, ...
cases, that is, disputes arising from the relationship between employer, employee and
trade union A trade union (labor union in American English), often simply referred to as a union, is an organization of workers intent on "maintaining or improving the conditions of their employment", ch. I such as attaining better wages and benefits ( ...
. The court was established by the Labour Relations Act, 1995, and has a status similar to that of a division of the High Court. It has its seat in
Johannesburg Johannesburg ( , , ; Zulu and xh, eGoli ), colloquially known as Jozi, Joburg, or "The City of Gold", is the largest city in South Africa, classified as a megacity, and is one of the 100 largest urban areas in the world. According to Demo ...
and branches in
Cape Town Cape Town ( af, Kaapstad; , xh, iKapa) is one of South Africa's three capital cities, serving as the seat of the Parliament of South Africa. It is the legislative capital of the country, the oldest city in the country, and the second largest ...
,
Port Elizabeth Gqeberha (), formerly Port Elizabeth and colloquially often referred to as P.E., is a major seaport and the most populous city in the Eastern Cape province of South Africa. It is the seat of the Nelson Mandela Bay Metropolitan Municipality, Sou ...
and
Durban Durban ( ) ( zu, eThekwini, from meaning 'the port' also called zu, eZibubulungwini for the mountain range that terminates in the area), nicknamed ''Durbs'',Ishani ChettyCity nicknames in SA and across the worldArticle on ''news24.com'' from ...
. Judges of the Labour Court, who must be High Court judges or lawyers with experience in labour law, are appointed by the
President President most commonly refers to: *President (corporate title) *President (education), a leader of a college or university *President (government title) President may also refer to: Automobiles * Nissan President, a 1966–2010 Japanese ful ...
, acting on the advice of the Judicial Service Commission and the National Economic Development and Labour Council. The court is headed by a Judge President (JP) and a Deputy Judge President (DJP) and there are nine other judges on the court. Each case before the court is heard by a single judge. The Labour Court has
exclusive jurisdiction Exclusive jurisdiction exists in civil procedure if one court has the power to adjudicate a case to the exclusion of all other courts. The opposite situation is concurrent jurisdiction (or non-exclusive jurisdiction) in which more than one cour ...
over cases arising from the Labour Relations Act, 1995, which deals with
collective bargaining Collective bargaining is a process of negotiation between employers and a group of employees aimed at agreements to regulate working salaries, working conditions, benefits, and other aspects of workers' compensation and rights for workers. The i ...
,
trade union A trade union (labor union in American English), often simply referred to as a union, is an organization of workers intent on "maintaining or improving the conditions of their employment", ch. I such as attaining better wages and benefits ( ...
s, strikes and lockouts, unfair dismissal and unfair labour practices; the Basic Conditions of Employment Act, 1997, which deals with
working hours Working(laboring) time is the period of time that a person spends at paid labor. Unpaid labor such as personal housework or caring for children or pets is not considered part of the working week. Many countries regulate the work week by law, s ...
,
leave Leave may refer to: * Permission (disambiguation) ** Permitted absence from work *** Leave of absence, a period of time that one is to be away from one's primary job while maintaining the status of employee *** Annual leave, allowance of time away ...
and
remuneration Remuneration is the pay or other financial compensation provided in exchange for an employee's ''services performed'' (not to be confused with giving (away), or donating, or the act of providing to). A number of complementary benefits in additio ...
; the
Employment Equity Act, 1998 Employment is a relationship between two parties regulating the provision of paid labour services. Usually based on a contract, one party, the employer, which might be a corporation, a not-for-profit organization, a co-operative, or any o ...
, which deals with
discrimination Discrimination is the act of making unjustified distinctions between people based on the groups, classes, or other categories to which they belong or are perceived to belong. People may be discriminated on the basis of race, gender, age, relig ...
and affirmative action; and the
Unemployment Insurance Act, 2001 Unemployment, according to the OECD (Organisation for Economic Co-operation and Development), is people above a specified age (usually 15) not being in paid employment or self-employment but currently available for work during the refer ...
. These matters are removed from the jurisdiction of the ordinary High Courts. Judgments of the Labour Court can be appealed to the Labour Appeal Court or the
Supreme Court of Appeals The Supreme Court of Virginia is the supreme court, highest court in the Commonwealth of Virginia. It primarily hears direct appeals in civil cases from the trial-level city and county circuit courts, as well as the criminal law, family law and ...
which in turn can be appealed to the
Constitutional Court of South Africa The Constitutional Court of South Africa is a supreme court, supreme constitutional court established by the Constitution of South Africa, and is the apex court in the South African judicial system, with general jurisdiction. The Court was fi ...
.


See also

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References


External links

*
Judgments of the Labour Court until 2010

Judgments of the Labour Court, Cape Town since 2011

Judgments of the Labour Court, Johannesburg since 2011

Judgments of the Labour Court, Port Elizabeth since 2011

Judgments of the Labour Court, Durban since 2011
{{Superior Courts of South Africa 1995 establishments in South Africa Courts and tribunals established in 1995 Courts of South Africa Labour courts South African labour law