⚖️ Two ways judgment can be given
- Ex tempore (immediately) — The judge gives the decision orally right after the hearing. You will receive a written order later.
- Reserved judgment — The judge takes time to write a full judgment. You will be notified (by email or through the court file) when it's ready. This can take weeks or even months.
📖 Rule 30 (Reserved Judgment)
The judge may reserve judgment after hearing argument. The Registrar will inform the parties when the judgment is handed down. The written judgment must include reasons and the order.
The judgment will be uploaded to Court Online and/or emailed to you. Always check your case file regularly.
💰 Costs
The court may also make a costs order. If the review is dismissed, you might be ordered to pay the other side's costs. If you succeed, costs may be awarded in your favour. Costs follow the result unless there is a good reason not to.
📖 Rule 31 (Costs)
Costs are in the court's discretion. The court can order costs on the party‑and‑party scale (standard) or attorney‑and‑client scale (punitive).
If you wish to appeal, you must act fast. The time limits are strict and run from the date of the judgment.
If the review was dismissed (you lost)
- Read the judgment carefully. Understand why you lost.
- Comply with the order. If the award is confirmed, you must follow it (e.g., pay compensation).
- Consider an appeal. You have 21 court days to apply for leave to appeal to the Labour Appeal Court (LAC) (Rule 32, LRA s 166). You must show reasonable prospects of success.
- Request leave to appeal from the same judge first. If refused, you may petition the Judge President of the Labour Court (Rule 32(2)).
- Costs: If costs were awarded against you, arrange payment or negotiate with the other side.
If the review was upheld (you won)
- Read the order carefully. Is the award set aside and remitted, or did the court substitute its own order?
- If remitted: The CCMA will re‑hear the matter. You will be contacted by the CCMA about new dates.
- If substituted: The court's order replaces the CCMA award. The other side must comply (e.g., reinstate you).
- Enforcement: If the other side does not comply, you can apply to the Labour Court to enforce the order (contempt of court).
- Costs: If costs were awarded in your favour, serve the order on the other side and demand payment.
🤝 Settlement after judgment
Even after judgment, parties can still settle. If both sides agree, you can enter a settlement agreement that overrides or modifies the court order — but only if the settlement is made an order of court. Speak to the other party or their attorney if you wish to explore this.
Appealing a Labour Court decision is not automatic. You need leave to appeal. The test is whether another court might reasonably come to a different decision. It is a high bar.
What does it mean if judgment is reserved?
It means the judge has not yet given reasons or the final order. The outcome is still pending. The Registrar will notify you when it's ready.
What if there is a costs order against me?
You must pay the costs as ordered. If you can't afford it, you can try to negotiate a payment plan with the other side. Costs orders are enforceable like any other court order.
Can I still settle after judgment?
Yes. Even after the court has given judgment, the parties can reach a settlement agreement. However, it's best to make the settlement an order of court so it can be enforced if necessary.
What happens after the judgment is delivered?
You should read the order and decide whether to appeal, comply, or enforce it. Then move to finalisation and close your file.
- Read the entire judgment and understand the order
- Note the date of judgment (important for deadlines)
- Decide whether to appeal (you have 21 court days)
- If appealing, draft and file application for leave to appeal
- Comply with the order (or start enforcement if you won)
- Pay or collect any costs awarded
- Close your file and update your records