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Article 48/2025

The labour court has stated ad nauseam that its jurisdiction does not extend to all labour matters and that an applicant must necessarily identify the statutory provision(s) that confers jurisdiction on the labour court in the matter concerned. Van Niekerk J recently, in SA Medical Association Trade Union obo Rikhotso v Member of the Executive Council, Department of Health, Limpopo Province and Others (2023) 34 SALLR 354 (LC), had the opportunity to again deal with the lack of general jurisdiction of the labour court in labour matters – what approach was followed and what are the ‘take away’ principles in this regard?
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  • In Baloyi v Public Protector and Others [2020] ZACC 27; 2021 (2) BCLR 101 (CC); [2021] 4 BLLR 325 (CC); (2021) 42 ILJ 961 (CC); 2022 (3) SA 321 (CC) (Baloyi), the constitutional court said the following:
    • ‘[23] The legislation in terms of which an assignment would be made in the context of the present matter is the LRA. Section 157(1) of the LRA provides for the exclusive jurisdiction of the labour court in all matters that – in terms of the LRA or other law – are to be determined by the labour court. In doing so, it fulfils one of the stated purposes of the LRA, which is to establish the labour court and the labour appeal court as superior courts, with “exclusive jurisdiction to decide matters arising from the Act”. Section 157(1) reads: “Subject to the Constitution and section 173, and except where this Act provides otherwise, the labour court has exclusive jurisdiction in respect of all matters that elsewhere in terms of this Act or in terms of any other law are to be determined by the labour court.”’
  • Section 68(1), s77(2)(a), s145 and s191 of the LRA proffer examples of matters that ‘are to be determined by’ the labour court and are, therefore, by virtue of s157(1), within the exclusive jurisdiction of the labour court.
  • The labour court has, moreover, found that the high court’s jurisdiction in respect of employment-related disputes is ousted only where the dispute is one for which the LRA creates specific remedies, including, for example, unfair dismissal disputes:
    • ‘[24] Crucially, section 157(1) does not afford the labour court general jurisdiction in employment matters…’ (Baloyi)
July 20, 2026

Precautionary suspensions

In the public sector, the Senior Management Service Handbook (SMS Handbook) directly addresses precautionary suspensions and the 60-day time limit.

Clause 2.7(2)(c) of the SMS Handbook provides that ‘If a member is suspended or transferred as a precautionary measure, the employer must hold a disciplinary hearing within 60 days. The chair of the hearing must then decide on any further postponement.’

Regulation 6 of the Local Government: Disciplinary Regulations Senior Managers, 2010 (Regulations) provides for the precautionary suspension of senior municipal employees and Regulation 6(6)(a) provides: ‘If a senior is suspended, a disciplinary hearing must commence within three months after the date of suspension, failing which the suspension will automatically lapse.’

What are the principles governing a determination of the question as to whether or not a senior municipal employee’s suspension automatically lapses in terms of the aforesaid Regulation 6(6)(a)?

Obviously, the answers to the aforesaid question are very relevant in the private sector where, firstly, a collective agreement regulates a similar process or, alternatively, such contractual rights have been created between the parties, to be enforced in terms of s77(3) of the BCEA.

July 13, 2026

In the previous article, we dealt with the consequences of a plant level collective agreement with a definite beginning and end date. We indicated to you that, in line with s23(2) of the LRA, and an analysis of the relevant case law, that, once such a collective agreement reaches its expiry date, it expires and is no longer of any force or effect. In this article, we deal with the scenario where a plant level collective agreement is concluded for an indefinite period and the employer gave notice to terminate same.

What are the consequences when a party to a plant level collective agreement, concluded for an indefinite time period, gives notice to terminate such collective agreement?

July 6, 2026

In terms of s23(2), a collective agreement binds, for the whole period of the collective agreement, every person so bound in terms of s23(1)(c) (the members of a registered trade union and the employers who are members of a registered employers’ organisation who are a party to the collective agreement, if the collective agreement regulates the terms and conditions of employment, or the conduct of the employers and employees) who was a member at the time it became binding, or who becomes a member after it became binding (irrespective of whether or not that person continues to be a member of such trade union or employers’ organisation for the duration of the collective agreement).

What is the relevant case law development as to a plant level collective agreement that has an expiry date, i e does such collective agreement continue to be of force and effect after such expiry date?