Broadcasting Electronic Media and Allied Workers Union v South African Broadcasting Corporation (JA 11/05) [2007] ZALAC 25 (15 June 2007)

Broadcasting Electronic Media and Allied Workers Union v South African Broadcasting Corporation (JA 11/05) [2007] ZALAC 25 (15 June 2007)

The Labour Appeal Court held that the Relationship Accord between BEMAWU and the SABC is a collective agreement as defined by the Labour Relations Act. Clause 9 of the accord provides a comprehensive dispute resolution procedure, which remains operative and has not been frustrated by the SABC. The arbitration clause survives the alleged termination of the accord and governs the dispute regarding its cancellation. The Labour Court was competent to determine the proper forum for resolving the termination dispute, and the dispute should be referred to private arbitration in terms of the accord. The order of the Labour Court was set aside and replaced with a declarator that the termination...

Citation
[2007] ZALAC 25
Parties
Appellant: Broadcasting Electronic Media and Allied Workers Union; Respondent: South African Broadcasting Corporation
Court
Labour Appeal Court
Jurisdiction
South Africa
Judgment Date
15 June 2007
Case Number
JA 11/05
Procedural Posture
Civil Appeal / Appeal From Labour Court Judgment
Outcome
Appeal upheld; Labour Court order set aside and replaced with declarator in favour of BEMAWU.
Judges
Kruger, Zondo, Comrie
Legal Topics
Collective Agreement, Arbitration Clause, Jurisdiction of Labour Court, Termination of Agreement, Forum Selection
Labour Law Civil Procedure Collective Agreement Arbitration Clause Jurisdiction of Labour Court Termination of Agreement Forum Selection

Case Brief

Summary, issues, holding and outcome

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Parties

Broadcasting Electronic Media and Allied Workers Union

Appellant

South African Broadcasting Corporation

Respondent

Procedural Posture

Civil Appeal / Appeal From Labour Court Judgment

Legal Issues

  1. 1 Whether the Labour Court had jurisdiction to determine the forum for resolving the dispute regarding the cancellation of the Relationship Accord.
  2. 2 Whether the dispute regarding the cancellation of the Relationship Accord should be referred to private arbitration or the CCMA.
  3. 3 Whether the arbitration clause in the Relationship Accord survives the alleged termination of the accord.

Ratio Decidendi

The Labour Appeal Court held that the Relationship Accord between BEMAWU and the SABC is a collective agreement as defined by the Labour Relations Act. Clause 9 of the accord provides a comprehensive dispute resolution procedure, which remains operative and has not been frustrated by the SABC. The arbitration clause survives the alleged termination of the accord and governs the dispute regarding its cancellation. The Labour Court was competent to determine the proper forum for resolving the termination dispute, and the dispute should be referred to private arbitration in terms of the accord. The order of the Labour Court was set aside and replaced with a declarator that the termination...

Court Disposition

Appeal upheld; Labour Court order set aside and replaced with declarator in favour of BEMAWU.

Orders

  • It is declared that the dispute relating to the cancellation of the Relationship Accord between BEMAWU and the SABC be heard and determined by a private arbitrator in terms of clause 9 of the Relationship Accord.
  • The respondent is to pay the costs of this application.