This article explores the status of the Labour Appeal Court under South Africa's constitutional democracy. The stages of development of this country's labour laws have coincided with the establishment of new sets of labour dispute resolution fora : firstly, the Industrial Court; secondly, the labour courts under our present constitutional democracy; and thirdly, a yet to be implemented new dispute resolution paradigm under the proposed Superior Courts Bill. The focus of this contribution is on the influence of the provisions of the Constitution on these developments, and the gradual erosion of the exclusive appellate powers of the Labour Appeal Court by the Supreme Court of Appeal, and the Constitutional Court, in the assertion of their power to serve as highest courts in all labour matters.
Van Eck, B.P.S. (Stefan); Mathiba, M.K.(Juta Law, 2014-04)
Since the inception of the Labour Courts in 1996 there have been
problems regarding the alignment of South Africa’s labour dispute resolution
institutions and the civil High Courts. The drafters of the post-constitutional ...
Van Eck, B.P.S. (Stefan); Kujinga, Benjamin T.(Academy of Science of South Africa, 2017-12-19)
This note explores the powers of the Labour Court as envisaged in the Labour Relations Act 66 of 1995 (LRA), where a protected strike disintegrates into violent riotous conduct. The legal status of protected strikes raises ...
Van Eck, B.P.S. (Stefan)(Nelson Mandela Metropolitan University, Faculty of Law, 2006)
In Part 1 of this article the reasons for the establishment of specialist labour courts
were explored, and the stages of development of the former industrial, and present
labour courts were considered. However, as already ...