Established 1995 | Country South Africa | |
Location Johannesburg, Cape Town, Durban, Port Elizabeth Composition method Presidential appointment on the advice of the JSC and NEDLAC Authorized by Website www.justice.gov.za/labourcourt/ Decisions are appealed to Supreme Court of Appeal of South Africa | ||
The Labour Appeal Court is a South African court that hears appeals from the Labour Court. The court was established by the Labour Relations Act, 1995, and has a status similar to that of the Supreme Court of Appeal. It has its seat in Johannesburg but also hears cases in Cape Town, Port Elizabeth and Durban.
Judges of the Labour Court, who must be High Court judges, are appointed by the President, acting on the advice of the Judicial Service Commission and the National Economic Development and Labour Council. The Judge President (JP) and a Deputy Judge President (DJP) of the Labour Court also serve as JP and DJP of the Labour Appeal Court and there are eight other judges on the court. Each case before the court is heard by a panel of three judges.
Ordinarily the judgments of the Labour Appeal Court are final and there is no further appeal, but when a constitutional issue is involved an appeal may be made to the Supreme Court of Appeal and ultimately the Constitutional Court. As there is a constitutional right to fair labour practices, such appeals are not uncommon.