Labour Court & Labour Appeal Court
Decades of appearance experience in the Labour Court and Labour Appeal Court, acting for both employees and employers.
Our track record in the Labour Court and Labour Appeal Court speaks for itself. Clifford Levin Attorneys has appeared in these forums for close to three decades, and several of the firm’s matters — including F & J Electrical CC v MEWUSA in the Constitutional Court — are reported decisions.
Who we act for
We offer comprehensive assistance and guided support to both employees and employers looking to:
- Review unfavourable CCMA or bargaining council awards in the Labour Court;
- Refer disputes that fall within the exclusive jurisdiction of the Labour Court, including automatically unfair dismissals and retrenchment disputes;
- Defend proceedings brought against them in either forum;
- Appeal Labour Court judgments to the Labour Appeal Court.
Why appearance experience matters
Labour Court litigation is procedurally distinct from ordinary civil litigation, with its own rules, practice directives and case-management regime. With many years in this industry, we are equipped to fully understand the dynamics of representing clients in these forums — from drafting the referral or review application through to argument before the Court.
Frequently asked questions
What kind of cases does the Labour Court hear?
The Labour Court has exclusive jurisdiction over disputes arising from the Labour Relations Act, including automatically unfair dismissals, large-scale retrenchments under Section 189A, strike interdicts, and reviews of CCMA and bargaining council arbitration awards.
Can a CCMA award be taken on review?
Yes. A party may apply to the Labour Court to review and set aside a CCMA arbitration award, generally within six weeks of the award being served. Reviews succeed where the commissioner committed misconduct, a gross irregularity, or reached a decision no reasonable decision-maker could reach.
How long do I have to refer an unfair dismissal to the Labour Court?
Dismissal disputes must first be referred to the CCMA or a bargaining council within 30 days of dismissal. If conciliation fails and the dispute falls within the Labour Court's jurisdiction, it must be referred to the Court within 90 days of the certificate of non-resolution.
Do you act for employers or employees?
Both. The firm has represented individual employees, trade unions and employers ranging from small businesses to large corporations in the Labour Court and Labour Appeal Court.
Need assistance with labour court & labour appeal court?
Speak to an attorney today. Call +27 11 640 2327, message us on WhatsApp, or send the details of your matter and we will come back to you.