The Labour Court in South Africa

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The Labour Court institution in democratic South Africa was established in terms of the the Labour Relations Act, 1995. This establishment has a status equal to that of the High Court of South Africa and has its seat in Johannesburg and branches in Cape Town, Port Elizabeth and Durban. The Labour Court adjudicates matters relating to labour disputes, mostly disputes arising from the relationship between employer, employee and trade union and appeals are made to the Labour Appeal Court. The Labour Court 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 while the Labour Appeal Court is the highest court for labour appeals and hears appeals against decisions in the Labour Court

The Labour Court consists of a Judge President; Deputy Judge President; and as many judges as the President may consider necessary, acting on the advice of NEDLAC and in consultation with the Minister of Justice and the Judge President of the Labour Court.Judges of the Labour Court must be High Court judges or lawyers with experience in labour law . In addition, the Labour Court is constituted before a single judge. 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. Dunstan Mlambo is JP and Basheer Waglay is DJP since 2012, and there are eight other judges on the court.

Judges of the Labour Appeal Court

Judge President D Mlambo, Deputy Judge President B Waglay, Judge HM Musi, Judge DM Davis, Judge CN Patel, Judge AN Jappie, Judge MM Leeuw, Judge LP Tlaletsi, and Judge SK Ndlovu

Acting Judges of Appeal

Judge BC Mocumie, Judge MB Molemela, Judge DH Zondi, Judge AA Landman, and Judge JR Murphy,

Judges of the Labour Court

Judge President D Mlambo, Deputy Judge President B Waglay, Judge E Molahlehi, Judge A BassonJudge H Cele, Judge A van Niekerk, Judge U Bhoola, Judge DH Gush, Judge RGO La Grange, Judge AJ Steenkamp, Judge Z Lallie, and Judge H Rabkin-Naicker.


References:
• Western Cape Government (2013). The Courts of South Africa. Available at www.westerncape.gov.za [Accessed online on 3 December 2013]
• Department of Justice and Constitutional Development. South African Labour Courts . Available at www.justice.gov.za [Accessed online on 3 December 2013]

Last updated : 25-Apr-2014

This article was produced by South African History Online on 25-Apr-2014