Food & Genaral Workers Union and Others v Irvin & Johnson Limited (P159/98) [1999] ZALC 33 (9 March 1999)

Food & Genaral Workers Union and Others v Irvin & Johnson Limited (P159/98) [1999] ZALC 33 (9 March 1999)

The court found that FAWU was the recognised majority union representing all employees in the bargaining unit, including the individual applicants. The respondent had no knowledge that the applicants remained members of the first applicant until late in the consultation process. The invitation to consult was not...

Source-derived case information.

Citation
[1999] ZALC 33
Parties
Applicant: Food and General Workers Union; Applicant: R Nkosi; Applicant: K Nofemele; Applicant: Y Nkozwana; Applicant: E Totana; Applicant: E Mtulu; Respondent: Irvin and Johnson Limited
Court
Labour Court
Jurisdiction
South Africa
Judgment Date
9 March 1999
Case Number
P159/98
Procedural Posture
Labour Application / Judgment
Outcome
Application dismissed with costs to follow the result.
Judges
GON
Legal Topics
Retrenchment Consultation, Majoritarianism, Waiver of Rights, Procedural Fairness
Labour Law Retrenchment Consultation Majoritarianism Waiver of Rights Procedural Fairness

Source-derived case record

Summary, issues, holding and outcome

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Parties

Food and General Workers Union

Applicant

R Nkosi

Applicant

K Nofemele

Applicant

Y Nkozwana

Applicant

E Totana

Applicant

E Mtulu

Applicant

Irvin and Johnson Limited

Respondent

Procedural Posture

Labour Application / Judgment

Legal Issues

  1. 1 Whether the respondent was obliged to consult with the first applicant regarding retrenchment.
  2. 2 Whether consultation was effected through the second applicant.
  3. 3 Whether the first applicant waived its right to consultation.

Ratio Decidendi

The court found that FAWU was the recognised majority union representing all employees in the bargaining unit, including the individual applicants. The respondent had no knowledge that the applicants remained members of the first applicant until late in the consultation process. The invitation to consult was not exclusive, but the first applicant's intervention was tardy and most consultations had already occurred. The second applicant attended consultations as a FAWU shop steward and expressed satisfaction with FAWU's representation. The court held that section 189(1)(c) does not require absolute formality if the substance of consultation is met. The respondent was not obliged to consult...

Court Disposition

Application dismissed with costs to follow the result.

Orders

  • The application is dismissed.
  • Costs are awarded to the respondent.