Basic Conditions of Employment Act, 1997 (Act No. 75 of 1997)Chapter Ten : Monitoring, Enforcement and Legal proceedingsPart B : Legal proceedings77. Jurisdiction of Labour Court |
| (1) | Subject to the Constitution and the jurisdiction of the Labour Appeal Court, and except where this Act provides otherwise, the Labour Court has exclusive jurisdiction in respect of all matters in terms of this Act. |
[Section 77(1) substituted by section 15(a) of Act No. 20 of 2013]
| (1A) | The Labour Court has exclusive jurisdiction to grant civil relief arising from a breach of sections 33A, 43, 44, 46, 48, 90 and 92. |
[Section 77(2) inserted by section 15(b) of Act No. 20 of 2013]
| (2) | The Labour Court may review the performance or purported performance of any function provided for in this Act or any act or omission of any person in terms of this Act on any grounds that are permissible in law. |
| (3) | The Labour Court has concurrent jurisdiction with the civil courts to hear and determine any matter concerning a contract of employment, irrespective of whether any basic condition of employment constitutes a term of that contract. |
| (4) | Subsection (1) does not prevent any person relying upon a provision of this Act to establish that a basic condition of employment constitutes a term of a contract of employment in any proceedings in a civil court or an arbitration held in terms of an agreement. |
| (5) | If proceedings concerning any matter contemplated in terms of subsection (1) are instituted in a court that does not have jurisdiction in respect of that matter, that court may at any stage during proceedings refer that matter to the Labour Court. |