Factory workers Union v Sun Textiles (Pty) Ltd (LC 26 of 2012) [2012] LSLC 22 (21 November 2012)

Factory workers Union v Sun Textiles (Pty) Ltd (LC 26 of 2012) [2012] LSLC 22 (21 November 2012)

The Labour Court lacks jurisdiction to compel an employer to enter into a collective agreement or to declare refusal to recognise a union as an unfair labour practice, as there is no statutory basis for such orders and collective agreements must be entered into freely.

Citation
[2012] LSLC 22
Parties
Applicant: Factory Workers Union; Respondent: Sun Textiles (Pty) Ltd
Court
Labour Court
Jurisdiction
Lesotho
Judgment Date
21 November 2012
Case Number
LC 26 of 2012
Procedural Posture
Labour Court Application / Jurisdictional Ruling
Outcome
Application dismissed for want of jurisdiction.
Legal Topics
Collective Bargaining, Recognition of Trade Unions, Unfair Labour Practices, Jurisdiction
Source Language
English
Labour Law Collective Bargaining Recognition of Trade Unions Unfair Labour Practices Jurisdiction

Case Brief

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Parties

Factory Workers Union

Applicant

Sun Textiles (Pty) Ltd

Respondent

Procedural Posture

Labour Court Application / Jurisdictional Ruling

Legal Issues

  1. 1 Whether the Labour Court has jurisdiction to compel an employer to enter into a collective agreement with a union
  2. 2 Whether refusal to recognise a union or enter into a collective agreement constitutes an unfair labour practice

Ratio Decidendi

The Labour Court lacks jurisdiction to compel an employer to enter into a collective agreement or to declare refusal to recognise a union as an unfair labour practice, as there is no statutory basis for such orders and collective agreements must be entered into freely.

Court Disposition

Application dismissed for want of jurisdiction.

Orders

  • The Court declines jurisdiction over the applicant’s claims.
  • The application is dismissed.