Court for labour disputes

Judges raise the bar by taking into account not only the law but equity and justice

WE HAVE a highly specialised court in South Africa especially set up for workplace disputes.

The Labour Court consists of a judge president, a deputy judge president and judges. These specialised judges are appointed on the same basis as judges in the high court and they are sourced from the legal profession.

Invariably, the judges in the Labour Court come from a labour law practice background and were either attorneys or advocates.

The Labour Court itself does not have provincial divisions, but has courts in Joburg, Cape Town, Port Elizabeth and Durban.

If a dispute is reported to the court, it usually goes to the nearest city where the Labour Court has a seat. The court itself can hear any dispute arising out of the Labour Relations Act or any other type of dispute with regard to employment and employment law.

Should a litigant be unhappy with any finding of the Labour Court, the matter can be referred to the Labour Appeal Court and thereafter might be subject to the Supreme Court of Appeal (SCA) or even a Constitutional Court.

The Labour Court is the only court that can determine a dispute if the Labour Relations Act states that it should be referred to the Labour Court.

Over and above this, the Labour Court has similar powers to the high court, however, restricts itself to any dispute that arises from employment and from labour relations.

The Labour Court judges being highly specialised in the labour arena have been an enormous asset to both business and the trade union movement in South Africa.

Labour litigants hold the judges and the staff of the Labour Court in high esteem. Many labour lawyers and trade union officials have been heard to proudly exclaim that their disputes are either settled timeously or heard expeditiously by the Labour Court.

Unlike other courts in the country, disputes are efficiently managed so as to enable the court to hear an argument without much time wastage.

The powers of the Labour Court as set out in Section 158(1) of the Labour Relations Act. The court can intervene in almost any labour dispute including matters of extreme urgency.

There have been some high-profile Labour Court cases reinstating individuals into their positions pending outcome of disciplinary hearings and also there have been some extremely far-reaching judgments enabling the parties to restore labour peace.

Like other courts, it can hold individuals in contempt of court and can go so far as to have those contemptuous individuals locked up.

One of the most common reasons to go to the Labour Court is when the parties to a Commission for Conciliation, Mediation and Arbitration (CCMA) arbitration are unhappy with their award or with the behaviour of the arbitrator at the CCMA or Bargaining Council.

The Labour Court has exclusive jurisdiction to review these arbitration awards.

It must be remembered that the awards can only be reviewed and not appealed.

The Labour Court is not a court of appeal.

The review process is done on paper and the judges are addressed by the representatives and argument is presented for and against a possible review of the arbitration award.

Litigants (employees or employers) can represent themselves or can be represented by registered trade union officials or registered employer organisations.

Most disputes have either attorneys or advocates representing their clients. They must be registered to practice. Any type of dispute that arises out of the Basic Conditions of Employment Act can go to the Labour Court.

However, with the current amendments to the Labour Relations Act and Basic Conditions of Employment Act many of these disputes would now go to the CCMA.

Over and above this, all disputes arising out of the Employment Equity Act and in particular allegations of discrimination would be referred to the Labour Court.

The Labour Court can order just and equitable compensation and damages.

The beauty of the Labour Court is that the judges take into account not only the law but equity and justice.

I strongly believe that one of the special traits of a Labour Court judge is that they take a lateral view of the employment relationship before any pronouncements are made.

The Labour Court has a set of rules which are updated from time to time and it is recommended that anyone wishing to appear in the court should carefully study the rules of the court before embarking upon a dispute.

The Labour Appeal Court is also a court of law and equity and it is the final court of appeal in respect of all judgments of the Labour Court.

However, if a matter does involve a constitutional point then it could go to the SCA or Constitutional Court.

It must be remembered that there is no automatic right to go the Labour Appeal Court.

The unhappy litigant would have to obtain leave to appeal from the judge who granted the court judgment in the first place.

The CCMA arbitrators are bound by Labour Court judgments and use all Labour Court judgments as precedent in matters that are before them.

The Labour Appeal Court has three judges who sit to hear the disputes and they allow the same representation as described earlier in the Labour Court.

When an aggrieved party asks for leave to appeal to the Labour Appeal Court and that is not granted by the judge, the aggrieved party may petition the judge president who will then make a final and binding decision as to whether the dispute can be heard by the Labour Appeal Court.