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.

 

 

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?