Abstract
LL.M. (Labour Law)
The promulgation of the Labour Relations Act 66 of 1995 (LRA) gave birth to specialised labour dispute resolutions mechanisms such as the labour courts and the Commission for Conciliation, Arbitration and Mediation. The main reason for the establishment of specialist dispute resolution structures was prompted by the need for expeditious, efficient and affordable procedures, and easy accessible, specialist but informal institutions.
However, the introduction of specialised dispute resolution structures by the LRA did not abolish the rights emanating from common law for employees to pursue any remedies in civil courts, such as the high court and Supreme Court of Appeal pertaining to the contract of employment. These permitted civil courts such as the high court and Supreme Court of Appeal to adjudicate over disputes in respect of the contracts of employment. However, such continuous adjudication of labour disputes regarding the contract of employment by civil courts creates and perpetuates the overlap of jurisdictions between it and labour courts, and facilitates forum shopping.
This research analyses the jurisdictional overlap between labour and civil courts in respect of adjudicating labour disputes pertaining to the contract of employment as envisaged by the LRA and other legislation. It also investigates the developments in this area of the law from case precedent and other relevant materials. It further explores the common law regarding to its status in governing the contract of employment and its remedies as compared to the remedies derived from the LRA and other status. The conflict between the LRA and administrative law is revisited and explored.
The research’s main investigation revolves around the developments relating to the overlapping jurisdiction between the civil and labour courts in the Republic of South African, by analysing the literature and case law and to, ultimately, offer recommendations.