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The Labour Court is a South African court that handles labour law cases, that is, disputes arising from the relationship between employer, employee and trade union. The court was established by the Labour Relations Act, 1995 , and has a status similar to that of a division of the High Court .
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".
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.
In 1997 he was appointed a judge of the Labour Court, [3] and in 1999 he was appointed to the Transvaal Provincial Division of the High Court (later the North Gauteng High Court, now the Gauteng Division). [4] In 2000 he was elevated to Judge President of the Labour Court, [4] a post in which he served for ten years. [5]
The union was founded in 1975, as the Commercial Catering and Allied Workers' Union (CCAWUSA). The first General Secretary was the union stalwart, Emma Mashinini, and Makhulu Ledwaba was elected as the first President of CCAWUSA.