Broadcasting Eletronic Media And Allied Workers Union v South African Broadcasting Corporation (JA11/05) [2007] ZALAC 39 (15 June 2007)

Broadcasting Eletronic Media And Allied Workers Union v South African Broadcasting Corporation (JA11/05) [2007] ZALAC 39 (15 June 2007)

The Labour Court erred in finding that it lacked jurisdiction to determine the proper forum for resolving the dispute regarding the cancellation of the Relationship Accord. The Relationship Accord is a collective agreement under the Labour Relations Act and contains a comprehensive dispute resolution procedure, including arbitration. The arbitration clause survives the alleged termination of the accord and governs the dispute about its cancellation. The SABC did not frustrate the arbitration procedure, and section 24(2) of the Labour Relations Act does not bar the Labour Court from determining the proper forum for the substantive dispute. However, the order is confined to the termination...

Citation
[2007] ZALAC 39
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 succeeds with costs. The Labour Court's order is set aside and replaced.
Judges
Kruger, Zondo, Comrie
Legal Topics
Collective Agreement, Arbitration Clause, Jurisdiction of Labour Court, Termination of Agreement
Labour Law Civil Procedure Collective Agreement Arbitration Clause Jurisdiction of Labour Court Termination of Agreement

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 termination 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 Court erred in finding that it lacked jurisdiction to determine the proper forum for resolving the dispute regarding the cancellation of the Relationship Accord. The Relationship Accord is a collective agreement under the Labour Relations Act and contains a comprehensive dispute resolution procedure, including arbitration. The arbitration clause survives the alleged termination of the accord and governs the dispute about its cancellation. The SABC did not frustrate the arbitration procedure, and section 24(2) of the Labour Relations Act does not bar the Labour Court from determining the proper forum for the substantive dispute. However, the order is confined to the termination...

Court Disposition

Appeal succeeds with costs. The Labour Court's order is set aside and replaced.

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.