Kem-Lin Fashions CC v Brunton and Another (DA1015/99) [2000] ZALAC 25; [2001] 1 BLLR 25 (LAC); (2001) 22 ILJ 109 (LAC) (16 November 2000)

Kem-Lin Fashions CC v Brunton and Another (DA1015/99) [2000] ZALAC 25; [2001] 1 BLLR 25 (LAC); (2001) 22 ILJ 109 (LAC) (16 November 2000)

The court held that when a collective agreement is extended to non-parties under section 32(2) of the Labour Relations Act, those non-parties are bound by the agreement as if they were signatories. The enforcement procedure set out in the collective agreement must be followed, and there is no basis for requiring the procedure in section 63 or for treating non-parties differently. The appellant's arguments regarding unconstitutionality and lack of independence in the arbitration process were rejected, as the procedure applies equally to all parties and provides for exemption and appeal. Accreditation is only required where the Act specifically demands it, which was not the case for...

Citation
[2000] ZALAC 25
Parties
Appellant: Kem-Lin Fashions CC; Respondent: C Brunton; Respondent: Bargaining Council for the Clothing Industry (Natal)
Court
Labour Appeal Court
Jurisdiction
South Africa
Judgment Date
16 November 2000
Case Number
DA1015/99
Procedural Posture
Civil Appeal / Appeal From Labour Court Judgment
Outcome
Appeal dismissed with costs.
Judges
RMM Zondo, M.T.R. Mogoeng, M. Joffe
Legal Topics
Extension of Collective Agreements, Enforcement Procedure, Bargaining Council Powers, Accreditation Requirement, Natural Justice, Exemption Procedure
Labour Law Civil Procedure Extension of Collective Agreements Enforcement Procedure Bargaining Council Powers Accreditation Requirement Natural Justice Exemption Procedure

Case Brief

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Parties

Kem-Lin Fashions CC

Appellant

C Brunton

Respondent

Bargaining Council for the Clothing Industry (Natal)

Respondent

Procedural Posture

Civil Appeal / Appeal From Labour Court Judgment

Legal Issues

  1. 1 What procedure must a bargaining council follow to enforce a collective agreement against an employer to whom it has been extended under section 32(2) of the Labour Relations Act when the agreement contains its own enforcement procedure.
  2. 2 Is accreditation required for a bargaining council to arbitrate disputes regarding enforcement of a collective agreement against non-parties.

Ratio Decidendi

The court held that when a collective agreement is extended to non-parties under section 32(2) of the Labour Relations Act, those non-parties are bound by the agreement as if they were signatories. The enforcement procedure set out in the collective agreement must be followed, and there is no basis for requiring the procedure in section 63 or for treating non-parties differently. The appellant's arguments regarding unconstitutionality and lack of independence in the arbitration process were rejected, as the procedure applies equally to all parties and provides for exemption and appeal. Accreditation is only required where the Act specifically demands it, which was not the case for...

Court Disposition

Appeal dismissed with costs.

Orders

  • The appeal is dismissed.
  • The appellant is ordered to pay the costs of the appeal.