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Labour Relations Act, 1995 (Act No. 66 of 1995)

Chapter VII : Dispute Resolution

Part D : Labour Court

154. Tenure, remuneration and terms and conditions of appointment of Labour Court judges

 

 

(1) A judge of the Labour Court holds office until discharged from active service in terms of the Judge's Remuneration and Conditions of Employment Act, 2001 (Act No. 47 of 2001).

[Subsection 1 amended by Item No. 2 of Schedule 2 of the Superior Courts Act, 2013]

 

(2) A judge of the Labour Court who is also a judge of the High Court may resign as a judge of the Labour Court by giving written notice to the President.

[Subsection 2 amended by Item No. 2 of Schedule 2 of the Superior Courts Act, 2013]

 

(3) [Subsection 3 repealed by Item No. 2 of Schedule2 of the Superior Courts Act, 2013]

 

(4) Neither the tenure of office nor the remuneration and terms and conditions of appointment applicable to a judge of the High Court in terms of the Judges' Remuneration and Conditions of Employment Act, 2001, is affected by that judge's appointment and concurrent tenure of office as a judge of the Labour Court.

[Subsection 4 amended by Item No. 2 of Schedule2 of the Superior Courts Act, 2013]

 

(5) The Judge's Remuneration and Conditions of Employment Act, 2001, as applicable to a judge of the High Court, apply, read with the changes required by the context, to a judge of the Labour Court who is not a judge of the High Court.

[Subsection 5 amended by Item No. 2 of Schedule2 of the Superior Courts Act, 2013]

 

(6) A person who has been appointed a judge of the Labour Court and who is not a judge of the High Court may perform the functions of a judge of the Labour Court only after having taken an oath or made a solemn affirmation in the prescribed form before the Judge President of the Labour Court.

 

(7) [Subsection 7 repealed by Item No. 2 of Schedule 2 of the Superior Courts Act, 2013]

 

(8) Despite the expiry of the period of a person's appointment as a Judge of the Labour Court, that person may continue to perform the function of a judge of that Court, and will be regarded as such in all respects, only -
(a) for the purposes of disposing of any proceedings in which that person has taken part as a judge of that Court and which are still pending upon the expiry of that person's appointment or which, having been so disposed of before or after the expiry of that person's appointment, have been re-opened; and
(b) for as long as that person will be necessarily engaged in connection with the disposal of the proceedings so pending or re-opened.

 

(9) The provisions of subsections (4), (5), (6) and (8) apply, read with the changes required by the context, to acting judges appointed in terms of section 153(5) .

[Subsection 9 amended by Item No. 2 of Schedule 2 of the Superior Courts Act, 2013]

 

(10)
(a) Any judge of the Labour Court holding office immediately before the commencement of Schedule 2 of the Superior Courts Act, 2013, who is not a judge of the High Court, may not later than 30 days after such commencement, inform the Minister of Justice in writing that he or she chooses to continue in office in terms of this section as it existed prior to such commencement.
(b) Any judge referred to in paragraph (a) who does not choose to continue in office in terms of this section as it existed prior to such commencement-
(i) shall continue to hold that office in accordance with this section as amended by Schedule 2 to the Superior Courts Act, 2013; and
(ii) his or her period of service as a Labour Court judge prior to such commencement shall, for the purposes of the Judges' Remuneration and Conditions of Employment Act, 2001, be deemed to be active service as contemplated in that Act.

[Subsection 10 inserted by Item No. 2 of Schedule 2 of the Superior Courts Act, 2013]