Amalungelo Workers' Union and Others v Philip Morris South Africa (Pty) Limited and Another (CCT20/18) [2019] ZACC 45; 2020 (2) BCLR 125 (CC); [2020] 3 BLLR 225 (CC); (2020) 41 ILJ 863 (CC) (26 November 2019)

Amalungelo Workers' Union and Others v Philip Morris South Africa (Pty) Limited and Another (CCT20/18) [2019] ZACC 45; 2020 (2) BCLR 125 (CC); [2020] 3 BLLR 225 (CC); (2020) 41 ILJ 863 (CC) (26 November 2019)

The Constitutional Court held that section 77(1) of the Basic Conditions of Employment Act confers exclusive jurisdiction on the Labour Court in respect of all matters arising from the Act, except where the Act itself provides otherwise. The Court found that there is no provision in the Basic Conditions of...

Source-derived case information.

Citation
[2019] ZACC 45
Parties
Applicant: Amalungelo Workers' Union; Respondent: Philip Morris South Africa (Pty) Limited; Respondent: Leonard Dingler (Pty) Limited
Court
Constitutional Court
Jurisdiction
South Africa
Judgment Date
26 November 2019
Case Number
CCT 20/18
Procedural Posture
Leave to Appeal / Appeal From Labour Appeal Court to Constitutional Court
Outcome
Leave to appeal against the order pertaining to claim one is granted. The order of the Labour Court is set aside to the extent that it refers to claim one. The matter is remitted to the Labour Court.
Judges
Mogoeng, Froneman, Jafta, Khampepe, Madlanga, Mathopo, Mhlantla, Theron, Victor
Legal Topics
Basic Conditions of Employment Act, Labour Court Jurisdiction, Unlawful Salary Deductions, Section 34 Bcea, Access to Court, Interpretation of Statutes
Labour Law Civil Procedure Constitutional Law Basic Conditions of Employment Act Labour Court Jurisdiction Unlawful Salary Deductions Section 34 Bcea Access to Court +1 more

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Parties

Amalungelo Workers' Union

Applicant

Philip Morris South Africa (Pty) Limited

Respondent

Leonard Dingler (Pty) Limited

Respondent

Procedural Posture

Leave to Appeal / Appeal From Labour Appeal Court to Constitutional Court

Legal Issues

  1. 1 Whether the Labour Court has jurisdiction to adjudicate claims under section 34 of the Basic Conditions of Employment Act without prior referral to a labour inspector.
  2. 2 Whether the applicants' claim for unlawful deductions from remuneration falls within the Labour Court's exclusive jurisdiction under section 77 of the Basic Conditions of Employment Act.
  3. 3 Whether the Basic Conditions of Employment Act requires disputes to be submitted to a labour inspector before approaching the Labour Court.

Ratio Decidendi

The Constitutional Court held that section 77(1) of the Basic Conditions of Employment Act confers exclusive jurisdiction on the Labour Court in respect of all matters arising from the Act, except where the Act itself provides otherwise. The Court found that there is no provision in the Basic Conditions of Employment Act requiring disputes to be referred to a labour inspector before approaching the Labour Court. The functions of labour inspectors are administrative and do not include dispute resolution. The Labour Court erred in concluding that it lacked jurisdiction to entertain the applicants' claim for unlawful deductions under section 34 of the Act. The applicants are entitled to have...

Court Disposition

Leave to appeal against the order pertaining to claim one is granted. The order of the Labour Court is set aside to the extent that it refers to claim one. The matter is remitted to the Labour Court.

Orders

  • Leave to appeal against the order pertaining to claim one is granted.
  • The order of the Labour Court is set aside to the extent that it refers to claim one.