Chapter VII: Dispute Resolution
Part D: Labour Court
158. Powers of Labour Court

 

 

  1. The Labour Court may-

    1. make any appropriate order, including-

      1. the grant of urgent interim relief;

      2. an interdict;

      3. an order directing the performance of any particular act which order, when implemented, will remedy a wrong and give effect to the primary objects of this Act;

      4. a declaratory order;

      5. an award of compensation in any circumstances contemplated in this Act;

      6. an award of damages in any circumstances contemplated in this Act; and

      7. an order for costs;

    2. order compliance with any provision of this Act;

    3. make any arbitration award or any settlement agreement, other than a collective agreement, an order of the Court;

    4. request the Commission to conduct an investigation to assist the Court and to submit a report to the Court;

    5. determine a dispute between a registered trade union or registered employers' organisation, and any one of the members or applicants for membership thereof about any alleged non-compliance with -

      1. the constitution of that trade union or employers' organisation (as the case may be); or

      2. section 26(5)(b) .

    6. subject to the provisions of this Act, condone the late filing of any document with, or the late referral of any dispute to, the Court;

    7. despite section 145, review the performance or purported performance of any function provided for in this Act or any act or omission of any person or body in terms of this Act on any grounds that are permissible in law;

    8. review any decision taken or any act performed by the State in its capacity as employer, on such grounds as are permissible in law;

    9. hear and determine any appeal in terms of section 35 of the Occupational Health and Safety Act, 1993 (Act No. 85 of 1993); and

    10. deal with all matters necessary or incidental to performing its functions in terms of this Act or any other law.

  2. If at any stage after a dispute has been referred to the Labour Court, it becomes apparent that the dispute ought to have been referred to arbitration, the Court may-

    1. stay the proceedings and refer the dispute to arbitration; or

    2. with the consent of the parties and if it is expedient to do so, continue with the proceedings with the Court sitting as an arbitrator, in which case the Court may only make any order that a commissioner or arbitrator would have been entitled to make.

  3. The reference to "arbitration" in subsection (2) must be interpreted to include arbitration-

    1. under the auspices of the Commission;

    2. under the auspices of an accredited council;

    3. under the auspices of an accredited agency;

    4. in accordance with a private dispute resolution procedure; or

    5. if the dispute is about the interpretation or application of a collective agreement.

  4.  

    1. The Labour Court, on its own accord or, at the request of any party to the proceedings before it may reserve for the decision of the Labour Appeal Court any question of law that arises in those proceedings.

    2. A question may be reserved only if it is decisive for the proper adjudication of the dispute.

    3. Pending the decision of the Labour Appeal Court on any question of law reserved in terms of paragraph (a), the Labour Court may make any interim order.