Article 12/2024

LabourEdge

What is the viewpoint of the labour appeal court, as expressed in SA Municipal Workers’ Union obo Morwe v Tswaing Local Municipality and Another [2023] 2 BLLR 131 (LAC); (2022) 33 SALLR 60 (LAC) as to the question as to whether or not the labour court only has jurisdiction during the existence of a contract of employment and not once it has been terminated?

_____________________________________

The labour appeal court, in the aforesaid judgment, adopted the following approach:

  • s77(3) of the BCEA confers on the labour court concurrent jurisdiction with civil courts
  • the limitation exists in respect of matters concerning a contract of employment
  • whatever a civil court can hear ‘concerning a contract of employment’ is what the labour court can hear, and this is not limited to contracts which are in existence and have not been terminated
  • thus, a dispute concerning a contract of employment covers disputes whether the contract has been validly cancelled or has been breached
April 30, 2025

The purpose of this article is to highlight some of the principles underlying the legal position that the admission of trade union members outside such trade union’s scope is ultra vires and invalid.

April 25, 2025

How did the labour court, in Simunye Workers Forum v Registrar of Labour Relations, per Van Niekerk J, in terms of s111(3) of the LRA, on appeal, deal with the decision of the registrar refusing the application of the aforesaid trade union?

April 20, 2025

How do procedural fairness requirements relating to dismissals based upon misconduct (as well as incapacity), contained in the 1995 LRA, differ from the environment that preceded this Act?