BIFAWU obo Mncube and Others v Legalwise Expenses Insurance South Africa t/a Legalwise (J889/17) [2017] ZALCJHB 325 (12 September 2017)

BIFAWU obo Mncube and Others v Legalwise Expenses Insurance South Africa t/a Legalwise (J889/17) [2017] ZALCJHB 325 (12 September 2017)

The court found that the applicant's statement of case failed to articulate any recognised cause of action under the Labour Relations Act or any other statute. The relief sought under section 158(1)(h) was not available against private employers, as that provision applies only to the State as employer. The applicant did not plead facts supporting a claim under section 189, as no retrenchments or dismissals for operational reasons were alleged. The argument that section 84 extends consultative rights to registered trade unions was rejected, as the statute confines such rights to workplace forums. The applicant failed to identify any specific provision of the LRA breached by the respondent...

Citation
[2017] ZALCJHB 325
Parties
Applicant: BIFAWU obo W Mncube & 60 Others; Respondent: Legalwise Expenses Insurance South Africa t/a Legalwise
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
12 September 2017
Case Number
J889/17
Procedural Posture
Opposed Exception Application / Exception to Statement of Case; Preliminary Determination of Cause of Action
Outcome
Exception upheld; applicant's statement of claim dismissed with costs.
Judges
R Lagrange
Legal Topics
Exception Procedure, Cause of Action, Consultation Rights, Organisational Rights, Protected Strike Action
Labour Law Civil Procedure Exception Procedure Cause of Action Consultation Rights Organisational Rights Protected Strike Action

Case Brief

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Parties

BIFAWU obo W Mncube & 60 Others

Applicant

Legalwise Expenses Insurance South Africa t/a Legalwise

Respondent

Procedural Posture

Opposed Exception Application / Exception to Statement of Case; Preliminary Determination of Cause of Action

Legal Issues

  1. 1 Does the applicant's statement of case disclose a recognised cause of action in law under the Labour Relations Act?
  2. 2 Is the applicant entitled to relief compelling the respondent to consult with the union regarding workplace changes?
  3. 3 Can the Labour Court review and set aside the respondent's decision to introduce new technology under section 158(1)(h) of the LRA?

Ratio Decidendi

The court found that the applicant's statement of case failed to articulate any recognised cause of action under the Labour Relations Act or any other statute. The relief sought under section 158(1)(h) was not available against private employers, as that provision applies only to the State as employer. The applicant did not plead facts supporting a claim under section 189, as no retrenchments or dismissals for operational reasons were alleged. The argument that section 84 extends consultative rights to registered trade unions was rejected, as the statute confines such rights to workplace forums. The applicant failed to identify any specific provision of the LRA breached by the respondent...

Court Disposition

Exception upheld; applicant's statement of claim dismissed with costs.

Orders

  • The exception is upheld.
  • The applicant's statement of claim is dismissed with costs.