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The Labour Appeal Court is a South African court that hears appeals from the Labour Court. 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.
The Commission for Conciliation, Mediation and Arbitration (CCMA) is an independent tribunal which adjudicates labour disputes in South Africa. It was established in November 1996 in terms of Section 112 of the Labour Relations Act, 1995, which in turn implements the labour rights provided for in section 23 of the Constitution of South Africa.
The Superior Courts Act, 2013 restructured the High Courts into divisions of a single High Court of South Africa, and also provided for the creation of divisions for Limpopo and Mpumalanga, which had previously fallen under the jurisdiction of the Gauteng High Court at Pretoria. The Gauteng Division of the High Court in Johannesburg includes a ...
A labor court (or labour court or industrial tribunal) is a governmental judiciary body which rules on labor or employment-related matters and disputes. In a number of countries, labor cases are often taken to separate national labor high courts.
The Labour Appeal Court's unanimous decision was handed down by Judge Davis on 26 May 2010. [5] The decision was premised on the court's interpretation of section 23(1) of the Constitution, which provides that "everyone has the right to fair labour practices".
He is also a judge of the Gauteng Division of the High Court of South Africa. Before he was appointed to the bench in 2021, he was the chairperson of the Competition Tribunal for two terms between 2009 and 2019. During apartheid, from 1984 to 1998, Manoim was a practising attorney in Johannesburg, focusing on human rights law and labour law. He ...
The court held that section 186(1)(b) relates to the first expectation only, but the Labour Court later found, in McInnes v Technikon Natal, [54] that its decision in Dierks had been incorrect. It took the view that the focus should be on the nature of the expectation, and whether or not in the circumstances the expectation was reasonable.
The High Court has jurisdiction over all matters, but it usually only hears civil matters involving more than 400,000 rand, and serious criminal cases. It also hears any appeals or reviews from magistrates' courts and other lower courts. The court and its divisions are constituted in their current form by the Superior Courts Act, 2013.