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

Chapter VII : Dispute Resolution

Part E : Labour Court

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

 

 

(1) A judge of the Labour Appeal Court must be appointed for a fixed term determined by the President at the time of appointment.

 

(2) A judge of the Labour Appeal Court may resign from that office by giving written notice to the President.

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

 

(3)
(a) A judge of the Labour Appeal Court holds office until—
(i) the judge's term of office in the Labour Appeal Court ends;
(ii) the judge's resignation takes effect;
(iii) the judge is removed from office;
(iv) the judge ceases to be a judge of the High Court; or
(v) the judge dies.
(b) The Judge President and the Deputy Judge President of the Labour Appeal Court hold their offices for as long as they hold their respective offices of Judge President and Deputy Judge President of the Labour Court.

 

(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 (Act No. 47 of 2001), is affected by that judge's appointment and concurrent tenure of office as a judge of the Labour Appeal Court.

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

 

(5) [Subsection (5) deleted by Item No. 2 of Schedule 2 of the Superior Courts Act, 2013]

 

(6) Despite the expiry of the period of a person's appointment as a judge of the Labour Appeal Court, that person may continue to perform the functions 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 proceedings so pending or re-opened.

 

(7) The provisions of subsection (2) to (6) apply, read with the changes required by the context, to acting judges appointed in terms of section 169(2) .