National Bargaining Council for the Road Freight v Marcus NO and Others (JA70/10) [2012] ZALAC 38; (2013) 34 ILJ 1458 (LAC) (12 December 2012)

National Bargaining Council for the Road Freight v Marcus NO and Others (JA70/10) [2012] ZALAC 38; (2013) 34 ILJ 1458 (LAC) (12 December 2012)

The Court held that the commissioner correctly applied the industry definition and did not adopt an unduly restrictive approach. The third respondent's business of hiring out trucks and drivers at a flat rate, without an obligation to transport goods, did not constitute 'transportation of goods for hire or reward by means of motor transport' as contemplated by the appellant's registered scope. The commissioner properly distinguished between vehicle hire and transportation activities, finding that the clients undertook the transportation, not the third respondent. The Labour Court was justified in deferring to the commissioner's decision, which was rational and supported by evidence. The...

Citation
[2012] ZALAC 38
Parties
Appellant: National Bargaining Council for the Road Freight Industry; Respondent: Commissioner M H Marcus N.O.; Respondent: Commissioner for Conciliation, Mediation and Arbitration; Respondent: Richards Rentals (Pty) Limited
Court
Labour Appeal Court
Jurisdiction
South Africa
Judgment Date
12 December 2012
Case Number
JA70/10
Procedural Posture
Civil Appeal / Appeal From Labour Court Judgment Dismissing Review of Demarcation Award
Outcome
Appeal dismissed with costs.
Judges
Waglay, Zondi, Molemela
Legal Topics
Demarcation Dispute, Collective Bargaining, Industry Definition, Review of Arbitration Award
Labour Law Demarcation Dispute Collective Bargaining Industry Definition Review of Arbitration Award

Case Brief

Summary, issues, holding and outcome

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Parties

National Bargaining Council for the Road Freight Industry

Appellant

Commissioner M H Marcus N.O.

Respondent

Commissioner for Conciliation, Mediation and Arbitration

Respondent

Richards Rentals (Pty) Limited

Respondent

Procedural Posture

Civil Appeal / Appeal From Labour Court Judgment Dismissing Review of Demarcation Award

Legal Issues

  1. 1 Whether the third respondent's business falls within the registered scope of the appellant's bargaining council.
  2. 2 Whether the demarcation award was subject to proper consultation with NEDLAC as required by section 62(9) of the LRA.
  3. 3 Whether the Labour Court erred in deferring to the commissioner's decision and in its interpretation of the industry definition.

Ratio Decidendi

The Court held that the commissioner correctly applied the industry definition and did not adopt an unduly restrictive approach. The third respondent's business of hiring out trucks and drivers at a flat rate, without an obligation to transport goods, did not constitute 'transportation of goods for hire or reward by means of motor transport' as contemplated by the appellant's registered scope. The commissioner properly distinguished between vehicle hire and transportation activities, finding that the clients undertook the transportation, not the third respondent. The Labour Court was justified in deferring to the commissioner's decision, which was rational and supported by evidence. The...

Court Disposition

Appeal dismissed with costs.

Orders

  • The appeal is dismissed with costs.