ADT Security (Pty) Ltd v National Security And Unqualified Workers Union and Others (CA18/11) [2012] ZALCCT 57 (1 September 2012)

ADT Security (Pty) Ltd v National Security And Unqualified Workers Union and Others (CA18/11) [2012] ZALCCT 57 (1 September 2012)

The Labour Appeal Court held that the Labour Court has jurisdiction to adjudicate employment-related disputes involving the Regulation of Gatherings Act. The court found that the union's reliance on the RGA to organise a gathering was an attempt to circumvent the dispute resolution mechanisms provided by the Labour Relations Act. Although the employees participating in the march were off duty and their actions did not amount to a breach of contract, the court emphasised that employment disputes concerning organisational rights must be resolved through the procedures set out in the LRA, specifically section 22. The court reaffirmed that the LRA is specialised legislation intended to...

Citation
[2012] ZALCCT 57
Parties
Appellant: ADT Security (Pty) Ltd; Respondent: National Security And Unqualified Workers Union; Respondent: Cape Town Metro Municipality; Respondent: Inspector B. Botha N.O.
Court
Labour Court Cape Town
Jurisdiction
South Africa
Judgment Date
1 September 2012
Case Number
CA18/11
Procedural Posture
Civil Appeal / Appeal From Labour Court Judgment
Outcome
Appeal upheld; order of the Labour Court set aside.
Judges
Hlophe, Davis, Murphy
Legal Topics
Regulation of Gatherings Act, Organisational Rights, Jurisdiction of Labour Court, Breach of Contract, Protected Strike, Constitutional Right to Assembly
Labour Law Civil Procedure Regulation of Gatherings Act Organisational Rights Jurisdiction of Labour Court Breach of Contract Protected Strike 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 N.O.

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, demonstrate, picket and present petitions under the RGA prohibited or limited by the Labour Relations Act in employment disputes?
  3. 3 Does participation in a gathering by off-duty employees amount to a breach of contract or misconduct under common law?

Ratio Decidendi

The Labour Appeal Court held that the Labour Court has jurisdiction to adjudicate employment-related disputes involving the Regulation of Gatherings Act. The court found that the union's reliance on the RGA to organise a gathering was an attempt to circumvent the dispute resolution mechanisms provided by the Labour Relations Act. Although the employees participating in the march were off duty and their actions did not amount to a breach of contract, the court emphasised that employment disputes concerning organisational rights must be resolved through the procedures set out in the LRA, specifically section 22. The court reaffirmed that the LRA is specialised legislation intended to...

Court Disposition

Appeal upheld; order of the Labour Court set aside.

Orders

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