Labour Court South Africa: Jurisdiction, Process and How to File
The Labour Court is a specialist superior court established by the <strong>Labour Relations Act 66 of 1995 (LRA)</strong>. It has jurisdiction equivalent to a High Court but deals exclusively with labour and employment law matters. The Labour Court sits in <strong>Johannesburg, Cape Town, Durban, and Port Elizabeth (Gqeberha)</strong>. Most employees must first attempt conciliation at the CCMA before approaching the Labour Court.
Jurisdiction: What the Labour Court Can Hear
Section 157 of the LRA gives the Labour Court exclusive jurisdiction over matters arising from the LRA, the Basic Conditions of Employment Act 75 of 1997 (BCEA), the Employment Equity Act 55 of 1998 (EEA), and related legislation. Key matters include:
- Review of CCMA arbitration awards (section 145 of the LRA)
- Urgent applications for interdicts in industrial action disputes
- Unfair dismissal where the employee chooses the Labour Court instead of CCMA arbitration (automatically unfair dismissals)
- Enforcement of compliance orders issued by the Department of Labour
- Disputes about organisational rights of trade unions
- Interpretation of collective agreements
- Contempt of Labour Court orders
- Employment equity disputes after exhausting the CCMA or bargaining council process
When Do You Go to the Labour Court vs the CCMA?
Most unfair dismissal and unfair labour practice disputes must first go to the CCMA for conciliation and, if unresolved, arbitration. The Labour Court becomes involved in the following scenarios:
- You want to review a CCMA arbitration award you believe was wrong in law — bring a review application within 6 weeks of the award
- You were automatically unfairly dismissed (e.g., for union membership, pregnancy, or whistleblowing) and elect to refer directly to the Labour Court
- You need an urgent interdict to stop a lockout or strike that is unprotected
- Your matter involves retrenchment of more than 500 employees (section 189A consultations)
- The dispute involves a collective agreement or organisational rights
If you are an individual employee earning below R241 110 per annum, you pay no filing fees in the Labour Court.
Filing Fees
Individual employees who earn below the earnings threshold (currently R241 110 per year under the BCEA) are exempt from paying filing fees in the Labour Court. Employers and employees above the threshold pay fees according to the schedule in the Labour Court Rules. The fee exemption makes the Labour Court accessible to most employees.
Reviewing a CCMA Award
If you are unhappy with a CCMA arbitration award, you can apply to the Labour Court to have it reviewed and set aside under section 145 of the LRA. The review must be brought within 6 weeks of receiving the award. The grounds for review are limited to misconduct by the arbitrator, gross irregularity in the proceedings, exceeding the arbitrator's powers, or the award being obtained by improper means.
A review is not a full re-hearing of the facts — the Labour Court only considers whether the arbitrator committed a reviewable irregularity, not simply whether the award was correct.
Labour Court Locations and Contacts
| City | Address | Phone |
|---|---|---|
| Johannesburg (main seat) | 1 Kotze Street, Braamfontein, 2001 | 011 344 9300 |
| Cape Town | Cnr Buitenkant & Oswald Pirow Streets, Cape Town, 8001 | 021 469 4000 |
| Durban | 355 Smith Street, Durban, 4001 | 031 366 8200 |
| Port Elizabeth (Gqeberha) | North End, Gqeberha, 6001 | 041 408 6100 |
Labour Appeal Court
Appeals from the Labour Court go to the Labour Appeal Court (LAC), which has the same status as the Supreme Court of Appeal for labour matters. The LAC sits in Johannesburg. Further appeals on constitutional matters go to the Constitutional Court.
Can I Represent Myself in the Labour Court?
Yes. There is no rule requiring you to have a lawyer in the Labour Court, and individual employees often appear in person especially on review applications. However, Labour Court proceedings are formal and complex. If the employer has legal representation, it is strongly recommended that you seek assistance from Legal Aid SA, a trade union representative, or a private attorney.
The Role of Trade Unions
If you are a member of a registered trade union, your union has the right to represent you in CCMA proceedings and in the Labour Court. Contact your shop steward or union head office immediately if you face an unfair dismissal or unfair labour practice.