When do you need to take a case to Labour Court?
South Africa is fortunate enough to have a robust labour law system that protects the rights of employees in most industries while ensuring that businesses of all sizes conduct themselves in a manner that is fair and non-violating for their employees. The Labour Relations Act of 1995 exists to make it easy for employees to challenge several kinds of unfair treatment, such as unfair dismissals or unfounded retrenchments.
Navigating the landscape of labour law can be a tricky endeavour if you don’t know the fundamentals of labour law, but is usually a walk in the park for seasoned professionals who know what they’re doing. In this blog, we’ll be taking a closer look at what labour law is and give you a bit of insight into when you should take your dispute to the Labour Court.
What is the Labour Court?
The Labour Court of South Africa is a specialist court that has a similar level of authority as the High Court. It deals with labour law cases in which disputes arising from the relationship between the employer, employee and trade union cannot be resolved in Bargaining Councils (BC) or the CCMA.
The Labour Court has exclusive jurisdiction over cases that arise from Labour Relations Acts of 1995, the Basic Conditions of Employment Act of 1997, the Employment Equity Act of 1998 and the Unemployment Insurance Act of 2001.
These acts deal with several kinds of cases, including (but not limited to):
- Collective bargaining;
- Trade unions;
- Unfair dismissals;
- Unfair labour practices;
- Leave;
- Remuneration;
- Affirmative action, and;
- Discrimination.
3 scenarios where you’d need to take your case to the Labour Court
In most cases, the Labour Court isn’t the first destination for plaintiff who wish to resolve workplace disputes. Some industries, including the automotive, public service and chemical sectors have their own BCs which deal with disputes specific to those industries, while other sectors rely on the CCMA for most conflict resolution.
Scenario 1: A dispute cannot be resolved at a Bargaining Council or the CCMA
In the case of a dispute, the aggrieved employee must start off by lodging a dispute referral with the relevant BC or with the CCMA. A conciliation meeting will then be set up with a mediator appointed to facilitate the out-of-court settlement. If this settlement is successful, the employee and the employer will sign a contract that sets out the terms of their settlement before the matter is closed.
If this process is unsuccessful however, the employee may take it to the next level, that is, the Labour Court. While some cases may go to an arbitration tribunal, severe cases (discussed below) will be taken to the Labour Court.
Scenario 2: A case of multiple retrenchment
Multiple retrenchments can happen for several reasons, some of which directly violate the rights of the employees who suffer the consequences. These cases are often taken directly to the Labour Court, sometimes in the form of a Class Action Lawsuit. These kinds of lawsuits take much longer in the Labour Court than they would at the CCMA or BC, so we recommend that you choose the right people to represent you in court.
Scenario 3: Strike dismissals and automatically unfair dismissals
Dismissals arising out of strike action or automatically unfair dismissals are almost always taken through the Labour Court without going through an arbitration tribunal or the smaller BCs and CCMA. In these scenarios, the Labour Court judge hears the evidence presented by the plaintiff and the defence (employee and employer respectively) before deciding whether the dismissal was unfair or not.
The bottom line?
Whether you find yourself in a minor dispute that needs only a BC or the CCMA, or you find yourself in a severe situation where a Labour Court is needed, you’ll need to have people who know how to navigate labour law in your corner. We’ve got you covered with that one, get in touch with us today and tell us about your dispute, we’re ready and willing to help you win the case.
