Article 06/2021

Labour Edge

What are the five differences between a claim in terms of the LRA and the BCEA, recently identified by the labour appeal court, in Pilanesberg Platinum Mines (Pty) Ltd v Ramabulana (2019) 30 SALLR 165 (LAC)?


These differences are as follows:

  1. in terms of the LRA, the relief is for reinstatement, whereas, in terms of the BCEA, it is for specific performance;
  2. in terms of the LRA, compensation is a statutory relief, whereas, in terms of the BCEA, an employee must prove the damages suffered before obtaining monetary relief;
  3. in terms of the BCEA, the onus is on the employee, whereas, in terms of the LRA, the onus is on the employer;
  4. in terms of the BCEA, the claim is a contractual one where the onus is on the employee to prove the quantum of damages – it is a misconception that such damages are the amount the employee would have earned until retirement; and
  5. because contractual disputes, in terms of the BCEA, are civil matters, there is no reason why costs should not follow the result, whereas, in terms of s162 of the LRA, costs are awarded according to the requirements of law and fairness.

 

To what extent is the practice manual of the labour court binding on all parties and the labour court?

The institution of review proceedings does not suspend the operation of an arbitration award unless security is furnished to the satisfaction of the court in terms of s145(8) of the LRA.  On what basis did the labour appeal court recently resolve the conflict between various labour court judgments interpreting the stay of enforcement of arbitration awards pending review proceedings?

What are the requirements to be met for s158(1)(c) of the LRA to be applicable (dealing with the jurisdiction of the labour court) to make an arbitration award or settlement agreement an order of court?