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The jurisdictional limitations of the Labour Court under section 77(3) of the BCEA

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The jurisdictional limitations of the Labour Court under section 77(3) of the BCEA

The Labour Appeal Court (LAC) in Jansen van Vuuren v Heaven Sent Gold SA (Pty) Ltd and Another; Jansen van Vuuren v Heaven Sent Gold SA Property and Investment (Pty) Ltd and Another [2025] 6 BLLR 569 (LAC) recently held that the Labour Court does not assume automatic jurisdiction to any matter “concerning a contract of employment”, in terms of section 77(3) of the Basic Conditions of Employment Act 75 of 1997 (BCEA).

15 Sep 2025 1 min read Employment Law Alert Article

At a glance

  • The Labour Appeal Court (LAC) in Jansen van Vuuren v Heaven Sent Gold SA (Pty) Ltd and Another; Jansen van Vuuren v Heaven Sent Gold SA Property and Investment (Pty) Ltd and Another[2025] 6 BLLR 569 (LAC) held that the Labour Court does not assume automatic jurisdiction to any matter "concerning a contract of employment", in terms of section 77(3) of the Basic Conditions of Employment Act 75 of 1997.
  • The former employees’ claims were not founded within the employment context but were contractual obligations distinct from employment terms. Accordingly, the LAC held that these claims fell outside the Labour Court’s jurisdiction.
  • The LAC held that on proper interpretation of section 77(3), the Labour Court had the power to adjudicate only those claims relating to the outstanding remuneration and leave pay as they were integral and directly linked to the contract of employment. The appeal was accordingly dismissed on these grounds. 

The Labour Court’s power to assume jurisdiction remains contingent upon the claimant enforcing contractual terms which relate to the employment relationship. Accordingly, the Labour Court does not possess the requisite jurisdictional power to adjudicate or enforce contractual terms which are akin to employment-related terms by mere inclusion of these within a document or an agreement that regulates a non-employment relationship.

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