Article 15/2021

Labour Edge

Although claims under the LRA and the BCEA are distinct and based upon different causes of action, can they be heard in a single hearing before the labour court?


The labour appeal court recently, in Baise v Mianzo Asset Management (Pty) Ltd (2019) 30 SALLR 158 (LAC), held as follows: Civil claims are entertained because of the concurrent jurisdiction of the labour court with the high court and that competence is not susceptible to being blended with remedies sought under the LRA.  Claims under both regimes can indeed be heard in a single hearing, but the claims themselves remain distinct, along with the need to discern distinct causes of action.

 

 

Does the LRA impose a duty to bargain?

Which principles govern breaches of contracts in the employment sphere?

How did the labour court recently, in Jacobson v Vitalab (2019) 30 SALLR 175 (LC), interpret s187(1)(c) of the LRA dealing with the refusal to accept a demand?