ADT Security (Pty) Ltd v National Security And Unqualified Workers Union and Others (CA18/11) [2012] ZALAC 52; [2014] 11 BLLR 1096 (LAC); (2015) 36 ILJ 152 (LAC) (21 September 2012)

ADT Security (Pty) Ltd v National Security And Unqualified Workers Union and Others (CA18/11) [2012] ZALAC 52; [2014] 11 BLLR 1096 (LAC); (2015) 36 ILJ 152 (LAC) (21 September 2012)

The Labour Appeal Court held that while the Regulation of Gatherings Act and section 17 of the Constitution confer a right to assemble and demonstrate, the Labour Relations Act is the specialised legislation governing employment disputes and collective bargaining. The union's reliance on the RGA to organise a march in pursuit of employment-related grievances constituted a circumvention of the dispute resolution mechanisms provided by the LRA. The court found that the Labour Court had jurisdiction to adjudicate the matter, but the union should have utilised the procedures under the LRA for organisational rights disputes. Although participation in the march by off-duty employees did not...

Citation
[2012] ZALAC 52
Parties
Appellant: ADT Security (Pty) Ltd; Respondent: National Security And Unqualified Workers Union; Respondent: Cape Town Metro Municipality; Respondent: Inspector B Botha NO
Court
Labour Appeal Court
Jurisdiction
South Africa
Judgment Date
21 September 2012
Case Number
CA18/11
Procedural Posture
Civil Appeal / Appeal From Labour Court Judgment
Outcome
Appeal upheld. The order of the Labour Court is set aside.
Judges
Hlophe AJA, Davis JA, Murphy AJA
Legal Topics
Regulation of Gatherings Act, Organisational Rights, Protected Strike, Breach of Contract, Jurisdiction of Labour Court, Constitutional Right to Assembly
Labour Law Civil Procedure Regulation of Gatherings Act Organisational Rights Protected Strike Breach of Contract Jurisdiction of Labour Court Constitutional Right to Assembly

Case Brief

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Parties

ADT Security (Pty) Ltd

Appellant

National Security And Unqualified Workers Union

Respondent

Cape Town Metro Municipality

Respondent

Inspector B Botha NO

Respondent

Procedural Posture

Civil Appeal / Appeal From Labour Court Judgment

Legal Issues

  1. 1 Does the Labour Court have jurisdiction to determine compliance with the Regulation of Gatherings Act in an employment-related dispute?
  2. 2 Is the exercise of the right to assemble, march, and picket under the Regulation of Gatherings Act prohibited or limited by the Labour Relations Act in employment disputes?
  3. 3 Does participation in a gathering or march by off-duty employees amount to a breach of contract or misconduct?

Ratio Decidendi

The Labour Appeal Court held that while the Regulation of Gatherings Act and section 17 of the Constitution confer a right to assemble and demonstrate, the Labour Relations Act is the specialised legislation governing employment disputes and collective bargaining. The union's reliance on the RGA to organise a march in pursuit of employment-related grievances constituted a circumvention of the dispute resolution mechanisms provided by the LRA. The court found that the Labour Court had jurisdiction to adjudicate the matter, but the union should have utilised the procedures under the LRA for organisational rights disputes. Although participation in the march by off-duty employees did not...

Court Disposition

Appeal upheld. The order of the Labour Court is set aside.

Orders

  • The order of the Court a quo is set aside.
  • The appeal is upheld with costs, including costs for two counsels.