National Tertiary Education Fund and Another v Nelson Mandela University (PS 74/17) [2017] ZALCPE 34; [2018] 4 BLLR 392 (LC) (19 December 2017)

National Tertiary Education Fund and Another v Nelson Mandela University (PS 74/17) [2017] ZALCPE 34; [2018] 4 BLLR 392 (LC) (19 December 2017)

The court found that the respondent's notice of termination of the Conditions of Service and Benefits Collective Agreement was unreasonably short and did not comply with section 23(4) of the Labour Relations Act. The agreement had been in force for five years, was of indefinite duration, and affected a large number of employees. The respondent's delay in issuing the notice could not justify a short notice period. The applicant had a clear right to the resolution of disputes pending before the CCMA, and termination of the agreement would render those disputes academic and negatively affect members' rights. The respondent's argument that the applicant was in breach and that termination was...

Citation
[2017] ZALCPE 34
Parties
Applicant: National Tertiary Education Union; Applicant: National Education, Health and Allied Workers Union; Respondent: Nelson Mandela University
Court
Labour Court Port Elizabeth
Jurisdiction
South Africa
Judgment Date
19 December 2017
Case Number
PS 74/17
Procedural Posture
Urgent Application / Final Determination of Urgent Application
Outcome
Application granted. The respondent's notice of termination is declared unlawful and of no force and effect. The collective agreement remains in force until reasonable notice is given.
Judges
Lallie
Legal Topics
Termination of Collective Agreement, Reasonable Notice, Final Interdict, Collective Bargaining, Jurisdiction of Labour Court
Labour Law Civil Procedure Termination of Collective Agreement Reasonable Notice Final Interdict Collective Bargaining Jurisdiction of Labour Court

Case Brief

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Parties

National Tertiary Education Union

Applicant

National Education, Health and Allied Workers Union

Applicant

Nelson Mandela University

Respondent

Procedural Posture

Urgent Application / Final Determination of Urgent Application

Legal Issues

  1. 1 Whether the respondent's notice of termination of the Conditions of Service and Benefits Collective Agreement complied with section 23(4) of the Labour Relations Act.
  2. 2 Whether the applicant is entitled to a final interdict preventing the termination of the collective agreement without reasonable notice.
  3. 3 Whether the respondent's delay or conduct justified the short notice for termination.

Ratio Decidendi

The court found that the respondent's notice of termination of the Conditions of Service and Benefits Collective Agreement was unreasonably short and did not comply with section 23(4) of the Labour Relations Act. The agreement had been in force for five years, was of indefinite duration, and affected a large number of employees. The respondent's delay in issuing the notice could not justify a short notice period. The applicant had a clear right to the resolution of disputes pending before the CCMA, and termination of the agreement would render those disputes academic and negatively affect members' rights. The respondent's argument that the applicant was in breach and that termination was...

Court Disposition

Application granted. The respondent's notice of termination is declared unlawful and of no force and effect. The collective agreement remains in force until reasonable notice is given.

Orders

  • The notice of termination of the Conditions of Service and Benefits Collective Agreement given by the Respondent on 27 November 2017 is in breach of section 23(4) of the Labour Relations Act 66 of 1995 and is unlawful and of no force and effect.
  • The Conditions of Service and Benefits Collective Agreement and all the Applicant's rights flowing therefrom endure unless and until the Respondent terminates the agreement after giving reasonable notice.