The constitutionalisation of labour law : no place for a superior labour appeal court in labour matters (part 2) : erosion of the labour court's jurisdiction

Abstract

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 pointed out, the drafters of the Constitution and the Labour Relations Act of 1995 (the “LRA”) had different goals in mind when creating the overall scheme of the courts respectively responsible for the adjudication of civil and constitutional matters and those in relation to labour matters. Ultimately, this prepared fertile ground for the superior courts to clash over the ultimate power to consider appeals in labour matters. Part 2 of this article explores the development of jurisprudence after the inception of the Constitution, which illustrates the gradual erosion of the Labour Appeal Court’s status in labour-related matters to the point where there is no logical reason for its continued existence.