Labour Court vs High Court
Both the Labour Court and the High Court are superior courts, but the Labour Court has exclusive jurisdiction over most employment and labour disputes. Bringing a labour matter to the wrong court can be fatal to your case.
Labour Court
A specialist superior court that deals exclusively with labour and employment disputes, including review of CCMA awards, unfair labour practices, and Labour Relations Act compliance.
When it applies: Use the Labour Court for: CCMA award reviews, disputes about collective agreements, strikes and lockouts, section 197 transfers, automatically unfair dismissals, and Labour Relations Act compliance.
Law: Labour Relations Act 66 of 1995, sections 157–173.
Example: An employer reviews a CCMA arbitration award in the Labour Court on a point of law.
High Court
A superior court with general jurisdiction over all civil and criminal matters not exclusively assigned to other courts.
When it applies: Use the High Court for: salary disputes above R400,000 that are not LRA matters, delictual claims against employers (negligence causing injury), constitutional challenges, and matters the Labour Court cannot hear.
Law: Superior Courts Act 10 of 2013; Constitution s169.
Example: An employee sues their employer for R2 million in damages after a workplace injury caused by negligence.
Key Differences at a Glance
| Aspect | Labour Court | High Court |
|---|
| Jurisdiction |
Exclusive over LRA disputes, CCMA reviews, ULP, collective disputes |
General civil jurisdiction; concurrent for some labour matters (e.g., wages as a civil debt) |
| Founding document |
Notice of Motion / Statement of Claim depending on matter type |
Summons (action proceedings) or Notice of Motion (application proceedings) |
| Appeals |
Appeal to Labour Appeal Court (LAC) |
Appeal to Supreme Court of Appeal (SCA) |
| Urgency |
Can hear urgent labour matters (strikes, interdicts against unlawful strike) |
Can hear urgent civil matters including some labour-adjacent issues |
| Specialist knowledge |
Judges are specialists in labour law |
General civil judges; may lack labour law expertise |
| Costs |
Labour Court has its own cost rules; costs not always awarded even to successful party |
Costs typically follow the result (loser pays) |
Frequently Asked Questions
Can I take my unfair dismissal dispute directly to the Labour Court in South Africa?
No. Unfair dismissal disputes must first go through the CCMA (or bargaining council). Only if CCMA arbitration fails and you have grounds for review, or if the matter falls outside CCMA jurisdiction (e.g., automatically unfair dismissal), does the Labour Court have direct jurisdiction.
Can the Labour Court grant urgent interdicts against strikes?
Yes. Employers can apply to the Labour Court on an urgent basis for an interdict against an unprotected (unlawful) strike. For protected strikes, the employer's remedies are more limited.
If my employer owes me unpaid salary, do I go to the CCMA or High Court?
Unpaid salary can be pursued as a civil debt in the Magistrates' Court or High Court, or as an unfair labour practice at the CCMA. The CCMA is generally faster and cheaper.