Coin Security (Pty) Limited v Comission for Conciliation Mediation and Arbitration and Others (JR2130/02) [2005] ZALC 70; (2005) 26 ILJ 849 (LC); [2005] 7 BLLR 672 (LC) (26 April 2005)

Coin Security (Pty) Limited v Comission for Conciliation Mediation and Arbitration and Others (JR2130/02) [2005] ZALC 70; (2005) 26 ILJ 849 (LC); [2005] 7 BLLR 672 (LC) (26 April 2005)

The Labour Court held that the commissioner properly applied her mind to the relevant facts and law in determining that the applicant's assets-in-transit division is engaged in the transportation of goods for hire or reward by road, and therefore falls within the Road Freight Industry for purposes of bargaining council jurisdiction. The applicant's arguments regarding the definition of 'goods', the ancillary nature of transportation, and the alleged imposition of an onus were either not properly raised before the commissioner or were factually and legally unsound. The review application was brought within a reasonable period under section 158(1)(g) of the Labour Relations Act, and...

Citation
[2005] ZALC 70
Parties
Applicant: Coin Security (Pty) Limited; Respondent: Commission for Conciliation, Mediation and Arbitration; Respondent: Kate Savage N.O.; Respondent: Transport & General Workers Union; Respondent: National Bargaining Council for the Road Freight Industry; Respondent: Fidelity Cash Management Services (Pty) Ltd; Respondent: National Economic Development & Labour Council
Court
Labour Court
Jurisdiction
South Africa
Judgment Date
26 April 2005
Case Number
JR2130/02
Procedural Posture
Review Application / Judgment on Review of Demarcation Award
Outcome
Application dismissed with costs.
Judges
Francis
Legal Topics
Demarcation Dispute, Collective Bargaining, Jurisdiction of Bargaining Council, Ancillary Business Operations, Review of Arbitration Award
Labour Law Demarcation Dispute Collective Bargaining Jurisdiction of Bargaining Council Ancillary Business Operations Review of Arbitration Award

Case Brief

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Parties

Coin Security (Pty) Limited

Applicant

Commission for Conciliation, Mediation and Arbitration

Respondent

Kate Savage N.O.

Respondent

Transport & General Workers Union

Respondent

National Bargaining Council for the Road Freight Industry

Respondent

Fidelity Cash Management Services (Pty) Ltd

Respondent

National Economic Development & Labour Council

Respondent

Procedural Posture

Review Application / Judgment on Review of Demarcation Award

Legal Issues

  1. 1 Whether the applicant's assets-in-transit division falls within the Road Freight Industry for purposes of bargaining council jurisdiction.
  2. 2 Whether the commissioner committed reviewable errors of law or fact in the demarcation award.
  3. 3 Whether the review application was brought within a reasonable period and whether condonation was required.

Ratio Decidendi

The Labour Court held that the commissioner properly applied her mind to the relevant facts and law in determining that the applicant's assets-in-transit division is engaged in the transportation of goods for hire or reward by road, and therefore falls within the Road Freight Industry for purposes of bargaining council jurisdiction. The applicant's arguments regarding the definition of 'goods', the ancillary nature of transportation, and the alleged imposition of an onus were either not properly raised before the commissioner or were factually and legally unsound. The review application was brought within a reasonable period under section 158(1)(g) of the Labour Relations Act, and...

Court Disposition

Application dismissed with costs.

Orders

  • The application is dismissed with costs, including the costs of two counsel for the third and fourth respondents.