Bader (Bop) (Pty) Limited and Another v National Bargaining Council and Others (JR197/2001) [2001] ZALC 132; [2001] 11 BLLR 1209 (LC); (2001) 22 ILJ 2431 (LC) (22 August 2001)

Bader (Bop) (Pty) Limited and Another v National Bargaining Council and Others (JR197/2001) [2001] ZALC 132; [2001] 11 BLLR 1209 (LC); (2001) 22 ILJ 2431 (LC) (22 August 2001)

The Bargaining Council was not registered for the area in question at the time of the conciliation and therefore lacked jurisdiction to issue the certificate of outcome. The correct procedure would have been to refer the dispute to the CCMA prior to the Bargaining Council's registration. The certificate issued on 8 February 2001 is invalid and must be set aside. The court directs the Bargaining Council to conciliate the dispute on the basis of the fresh referral within 30 days, and condonation for any late referral is granted. Costs are awarded to the applicants for their application, while no costs order is made in respect of the counter application.

Citation
[2001] ZALC 132
Parties
Applicant: Bader (Bop) (Pty) Limited and Another; Respondent: The National Bargaining Council; Respondent: The National Union of Leather and Allied Workers Union (NULAW); Respondent: Jacob Ramathlo & 426 Others; Respondent: The Commission for Conciliation, Mediation and Arbitration
Court
Labour Court
Jurisdiction
South Africa
Judgment Date
22 August 2001
Case Number
JR197/2001
Procedural Posture
Review Application / Judgment on Application to Set Aside Certificate and Counter Application for Declarator
Outcome
Application to set aside the certificate granted; certificate declared invalid and set aside; Bargaining Council directed to conciliate dispute; costs awarded to applicants; no costs order on counter application.
Judges
Pillay
Legal Topics
Conciliation Certificate, Jurisdiction of Bargaining Council, Ultra Vires Action, Condonation, Costs Award
Labour Law Civil Procedure Conciliation Certificate Jurisdiction of Bargaining Council Ultra Vires Action Condonation Costs Award

Case Brief

Summary, issues, holding and outcome

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Parties

Bader (Bop) (Pty) Limited and Another

Applicant

The National Bargaining Council

Respondent

The National Union of Leather and Allied Workers Union (NULAW)

Respondent

Jacob Ramathlo & 426 Others

Respondent

The Commission for Conciliation, Mediation and Arbitration

Respondent

Procedural Posture

Review Application / Judgment on Application to Set Aside Certificate and Counter Application for Declarator

Legal Issues

  1. 1 Whether the Bargaining Council had jurisdiction to issue a certificate of outcome on 8 February 2001.
  2. 2 Whether the certificate issued by the Bargaining Council is valid and enforceable.
  3. 3 Whether the dispute should have been referred to the CCMA prior to the Bargaining Council's registration.

Ratio Decidendi

The Bargaining Council was not registered for the area in question at the time of the conciliation and therefore lacked jurisdiction to issue the certificate of outcome. The correct procedure would have been to refer the dispute to the CCMA prior to the Bargaining Council's registration. The certificate issued on 8 February 2001 is invalid and must be set aside. The court directs the Bargaining Council to conciliate the dispute on the basis of the fresh referral within 30 days, and condonation for any late referral is granted. Costs are awarded to the applicants for their application, while no costs order is made in respect of the counter application.

Court Disposition

Application to set aside the certificate granted; certificate declared invalid and set aside; Bargaining Council directed to conciliate dispute; costs awarded to applicants; no costs order on counter application.

Orders

  • The certificate issued by the first respondent on 8 February 2001 is declared invalid and set aside.
  • The Bargaining Council is directed to conciliate the dispute on the basis of the fresh referral for conciliation within 30 days.