Chapter VII: Dispute Resolution
Part E: Labour Appeal Court

167. Establishment and status of Labour Appeal Court

1. The Labour Appeal Court is hereby established as a court of law and equity.

2. The Labour Appeal Court is the final court of appeal in respect of all judgments and orders made by the Labour Court in respect of the matters within its exclusive jurisdiction.

3. The Labour Appeal Court is a superior court that has authority, inherent powers and standing, in relation to matters under its jurisdiction, equal to that which the Supreme Court of Appeal has in relation to matters under its jurisdiction.

4. The Labour Appeal Court is a court of record.

168. Composition of Labour Appeal Court

1. The Labour Appeal Court consists of-

1. the Judge President of the Labour Court, who by virtue of that office is Judge President of the Labour Appeal Court;
2. the Deputy Judge President, who by virtue of that office is Deputy Judge President of the Labour Appeal Court; and
3. such number of other judges who are judges of the High Court, as may be required for the effective functioning of the Labour Appeal Court.

2. The Labour Appeal Court is constituted before any three judges whom the Judge President designates from the panel of judges contemplated in subsection (1).

3. No judge of the Labour Appeal Court may sit in the hearing of an appeal against a judgment or an order given in a case that was heard before that judge.

169. Appointment of other judges of Labour Appeal Court

1. The President, acting on the advice of NEDLAC and the Judicial Service Commission, after consultation with the Minister of Justice and the Judge President of the Labour Appeal Court, must appoint the three judges of the Labour Appeal Court referred to in section 168(1)(c).

2. The Minister of Justice, after consultation with the Judge President of the Labour Appeal Court, may appoint one or more judges of the High Court to serve as acting judges of the Labour Appeal Court.

170. Tenure, remuneration and terms and conditions of appointment of Labour Appeal Court judges

1. A judge of the Labour Appeal Court must be appointed for a fixed term determined by the President at the time of appointment.

2. A judge of the Labour Appeal Court may resign by giving written notice to the President.

3.

1. A judge of the Labour Appeal Court holds office until-

   1. the judge's term of office in the Labour Appeal Court ends;
   2. the judge's resignation takes effect;
   3. the judge is removed from office;
   4. the judge ceases to be a judge of the High Court; or

   5. the judge dies.

2. The Judge President and the Deputy Judge President of the Labour Appeal Court hold their offices for as long as they hold their respective offices of Judge President and Deputy Judge President of the Labour Court.

4. Neither the tenure of office nor the remuneration and terms and conditions of appointment applicable to a judge of the High Court in terms of the Judges' Remuneration and Conditions of Employment Act, 1989 (Act No. 88 of 1989), is affected by that judge's appointment and concurrent tenure of office as a judge of the Labour Appeal Court.

5. A judge of the Labour Appeal Court-

1. may be removed from the office of judge of the Labour Appeal Court only if that person has first been removed from the office of a judge of the High Court; and
2. upon having been removed as judge of the High Court must be removed from office as a judge of the Labour Appeal Court.

6. Despite the expiry of the period of a person's appointment as a judge of the Labour Appeal Court, that person may continue to perform the functions of a judge of that Court, and will be regarded as such in all respects, only -

1. for the purposes of disposing of any proceedings in which that person has taken part as a judge of that Court and which are still pending upon the expiry of that person's appointment or which, having been so disposed of before or after the expiry of that person's appointment, have been re-opened; and
2. for as long as that person will be necessarily engaged in connection with the disposal of proceedings so pending or re-opened.

7. The provisions of subsection (2) to (6) apply, read with the changes required by the context, to acting judges appointed in terms of section 169(2).

171. Officers of Labour Appeal Court

1. The registrar of the Labour Court is also the registrar of the Labour Appeal Court.

2. Each of the deputy registrars and other officers of the Labour Court also holds the corresponding office in relation to the Labour Appeal Court.

3.

1. The officers of the Labour Appeal Court, under the supervision and control of the registrar of that Court must perform the administrative functions of the Labour Appeal Court.
2. A deputy registrar of the Labour Appeal Court may perform any of the functions of the registrar of that Court that have been delegated generally or specifically to the deputy registrar.

4. The deputy registrar of the Labour Appeal Court or, if there is more than one, the most senior will act as registrar of the Labour Appeal Court whenever-

1. the registrar is absent from the Republic or from duty, or for any reason is temporarily unable to perform the functions of registrar; or
2. the office of registrar is vacant.

172. Area of jurisdiction and seat of Labour Appeal Court

1. The Labour Appeal Court has jurisdiction in all the provinces of the Republic.

2. The seat of the Labour Court is also the seat of the Labour Appeal Court.

3. The functions of the Labour Appeal Court may be performed at any place in the Republic.

173. Jurisdiction of Labour Appeal Court

1. Subject to the Constitution and despite any other law, the Labour Appeal Court has exclusive jurisdiction-

1. to hear and determine all appeals against the final judgments and the final orders of the Labour Court; and
2. to decide any question of law reserved in terms of section 158(4).

2. [Subs. (2) deleted by Section 22 of Act No. 127 of 1998]

3. An appeal to the Labour Appeal Court must be noted and prosecuted as if it were an appeal to the Supreme Court of Appeal in civil proceedings, except that the appeal must be noted within 21 days after the date on which leave to appeal has been granted.

4. A decision to which any two judges of the Labour Appeal Court agree is the decision of the Court.

174. Powers of Labour Appeal Court on hearing of appeals

The Labour Appeal Court has the power-

1. on the hearing of an appeal to receive further evidence, either orally or by deposition before a person appointed by the Labour Appeal Court, or to remit the case to the Labour Court for further hearing, with such instructions as regards the taking of further evidence or otherwise as the Labour Appeal Court considers necessary; and
2. to confirm, amend or set aside the judgment or order that is the subject of the appeal and to give any judgment or make any order that the circumstances may require.

175. Labour Appeal Court may sit as court of first instance

Despite the provisions of this Part, the Judge President may direct that any matter before the Labour Court be heard by the Labour Appeal Court sitting as a court of first instance, in which case the Labour Appeal Court is entitled to make any order that the Labour Court would have been entitled to make.

176. Rules for Labour Appeal Court

1. The Rules Board for Labour Courts established by section 159 may make rules to regulate the conduct of proceedings in the Labour Appeal Court.

2. The Board has all the powers referred to in section 159 when it makes rules for the Labour Appeal Court.

3. The Board must publish in the Government Gazette any rules that it makes, alters or repeals.

177. Proceedings of Labour Appeal Court to be carried on in open court

1. The proceedings in the Labour Appeal Court must be carried on in open court.

2. Despite subsection (1), the Labour Appeal Court may exclude the members of the general public, or specific persons, or categories of persons from the proceedings in any case where a High Court could have done so.

178. Representation before Labour Appeal Court

Any person who, in terms of section 161, may appear before the Labour Court has the right to appear before the Labour Appeal Court.

179. Costs

1. The Labour Appeal Court may make an order for the payment of costs, according to the requirements of the law and fairness.

2. When deciding whether or not to order the payment of costs, the Labour Appeal Court may take into account-

1. whether the matter referred to the Court should have been referred to arbitration in terms of this Act and, if so, the extra costs incurred in referring the matter to the Court; and

2. the conduct of the parties-

   1. in proceeding with or defending the matter before the Court; and
   2. during the proceedings before the Court.

3. The Labour Appeal Court may order costs against a party to the dispute or against any person who represented that party in those proceedings before the Court.

180. Service and enforcement of orders

Any decision, judgment or order of the Labour Appeal Court may be served and executed as if it were a decision, judgment or order of the High Court.

181. Seal of Labour Appeal Court

1. The Labour Appeal Court for use as the occasion may require will have an official seal of a design prescribed by the President by proclamation in the Government Gazette.

2. The registrar of the Labour Appeal Court must keep custody of the official seal of the Labour Appeal Court.

182. Judgments of Labour Appeal Court binding on Labour Court

A judgment of the Labour Appeal Court is binding on the Labour Court.

183. Labour Appeal Court final court of appeal

Subject to the Constitution and despite any other law, no appeal lies against any decision, judgment or order given by the Labour Appeal Court in respect of-

1. any appeal in terms of section 173(1)(a);
2. its decision on any question of law in terms of section 173(1)(b); or
3. any judgment or order made in terms of section 175.