Labour Court
The Labour Court is a specialist superior court in South Africa with exclusive jurisdiction over labour and employment matters. Established under the Labour Relations Act of 1995, it sits as a division of the High Court and has the same status and powers. The court hears applications, reviews and appeals arising from decisions of the Commission for Conciliation, Mediation and Arbitration (CCMA), bargaining councils and workplace forums. It adjudicates disputes involving unfair dismissals, unfair labour practices, strikes, lockouts, organisational rights and the interpretation of collective agreements. The Labour Court also has jurisdiction to grant urgent interdicts in labour disputes and to enforce compliance with labour legislation. Judges of the Labour Court are appointed by the President on the recommendation of the Judicial Service Commission and typically have expertise in labour law and industrial relations. The court is based in Johannesburg, with additional seats in Cape Town and Durban, and it may hold hearings elsewhere as required. Decisions of the Labour Court may be appealed to the Labour Appeal Court on questions of law or mixed fact and law. The court plays a vital role in developing South Africa's labour jurisprudence and ensuring that workplace disputes are resolved in accordance with constitutional principles of fairness and equity.
Labour Court Updates
You’re in for a fall if hearsay’s your call
30th October 2026 When an employee’s job is at stake it is important to ensure that the evidence used to charge him is valid, true and reliable. If the evidence... →
Labour Court warns against rigid application of employment equity targets in promotion decisions
30th October 2026 In Solidarity obo Benjamin v Department of Correctional Services and Others, the Labour Court reviewed and set aside an arbitration award... →
Understanding the protectable interest in restraint of trade
28th October 2026 A restraint of trade clause restricts employees from engaging in activities that compete with their former employer after leaving the company.... →
Incapacity dismissals: Why dismissal must always be the last resort
19th October 2026 Dismissals based on ill-health or incapacity present some of the most sensitive challenges in employment law. Unlike misconduct dismissals,... →
Equal pay for equal value: When does a pay difference become unfair discrimination?
19th October 2026 The phrase “equal pay for equal value” has echoed across South Africa for many years. From industrial action and workplace debates to boardroom... →
“Too Old” for the package? Labour Court draws the line on age-based severance
16th October 2026 A recent Labour Court decision provides employers with a useful warning: when designing voluntary severance or early-retirement programmes, age may... →
Resign first, complain later? The LAC draws the line on constructive dismissal
14th October 2026 Constructive dismissal is not an escape route for employees who are dissatisfied with their working environment, nor does every workplace grievance... →
LAC confirms that valid mutual separation agreements preclude unfair dismissal claims
13th October 2026 Can an employee who has signed a mutual separation agreement later claim unfair dismissal on the basis that the agreement was, in substance, a... →
Geographical Pay Differentiation: Is It Unfair Discrimination?
6th October 2026 Mulaudzi and Another v MEC: Infrastructure Development and Property Management (Gauteng Provincial Government) (J56/2025) [2026] ZALCJHB 248 (11... →
Petty misconduct, serious consequences: Why employers must distinguish misconduct from dismissible conduct
22nd September 2026 A key issue in misconduct matters is distinguishing between mere wrongdoing and conduct that warrants dismissal. This distinction becomes... →
