Sections
Home   About Us | Contacts | Services | Media Desk | Tenders | Vacancies
Site Map
Personal tools
You are here: Home Legislation Acts Labour Relations Read online Amended Labour Relations Act
     Department of Labour Fraud line-08600 22 194   Southern African Development Community  BRICS Business Council
 
Document Actions

Amended Labour Relations Act

by lloyd last modified 2010-08-30 04:19

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

Labour Relations Act (No. 66 of 1995 )
as amended by the
Amendment - Afrikaans Labour Relations Act 1998, Amendment - Labour Relations Act 1996, Amendment - Labour Relations Act 1998, Amendment - Labour Relations Act 2000, and  Amendment - Labour Relations Act 2002

Chapter 7 : 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 must be appointed for a period determined by the President at the time of appointment.

 

(2)           A judge of the Labour Court may resign by giving written in the office to the President.

 

(3)            

(a)  Any judge of the Labour Court who is also a judge of the High Court holds office until-

 

(i)         the judge's period of office in the Labour 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) Any other judge of the Labour Court holds office until-

 

(i)         the judge's period of office ends;

 

(ii)        the judge's resignation takes effect;

 

(iii)      the judge is removed from office; or

 

(iv)      the judge dies.

 

(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, 1989 (Act No. 88 of 1989), is affected by that judge's appointment and concurrent tenure of office as a judge of the Labour Court.

 

(5)            

(a) The remuneration payable to a judge of the Labour Court who is a person referred to in section 153(6)(a)(ii) must be the same as that payable to a judge of the High Court.

 

(b) The terms and conditions of appointment of a judge of the Labour Court refer-red to in paragraph (a) must be similar to those of a judge of the High Court.

 

(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)            

(a) A judge of the Labour Court who is also a judge of the High Court-

 

(i)         may be removed from the office of judge of the Labour Court only if that person has first been removed from the office of a judge of the High Court; and

 

(ii)        upon having been removed as judge of the High Court must be removed from office as a judge of the Labour Court.

 

(b) The President, acting on the advice of NEDLAC, and in consultation with the Minister of Justice and the Judge President of the Labour Court, may remove any other judge of the Labour Court from office for misbehaviour or incapacity.

 

(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 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 the proceedings so pending or re-opened.

 

(9)           The provisions of subsections (2) to (8) apply, read with the changes required by the context, to acting judges appointed in terms of section 153(5).


<<Table of Contents



Copyright ©2019 The South African Department of Labour:
Home | Disclaimer | PAIA | Privacy PolicyWebmaster