Ndlovu and Others v South African Commercial Catering and Allied Workers Union (J1621/2008) [2010] ZALC 140; (2011) 32 ILJ 697 (LC) (1 October 2010)

Ndlovu and Others v South African Commercial Catering and Allied Workers Union (J1621/2008) [2010] ZALC 140; (2011) 32 ILJ 697 (LC) (1 October 2010)

The Labour Court lacks jurisdiction to adjudicate delictual claims between a trade union and its members where the claim does not arise from the union's constitution or a specific provision of the Labour Relations Act. The applicants' claim, based on an alleged breach of duty of care in the collective bargaining process, does not fall within the matters contemplated by section 157(1) or section 157(2) of the LRA. The authorities cited by the applicants are distinguishable and do not support the extension of jurisdiction to such delictual claims. Furthermore, the applicants' pleadings do not disclose a cause of action justiciable in the Labour Court, as they do not rely on the union's...

Citation
[2010] ZALC 140
Parties
Applicant: Ndlovu, Sibusiso and 25 Others; Respondent: South African Commercial Catering and Allied Workers Union
Court
Labour Court
Jurisdiction
South Africa
Judgment Date
1 October 2010
Case Number
J1621/2008
Procedural Posture
Civil Jurisdictional Objection / Points in Limine on Jurisdiction and Cause of Action
Outcome
The points in limine are upheld; the Labour Court lacks jurisdiction and the claim is dismissed with costs.
Judges
Bhoola
Legal Topics
Jurisdiction of Labour Court, Duty of Care Trade Union, Collective Bargaining, Delictual Claims, Mandate in Union Context
Labour Law Civil Procedure Jurisdiction of Labour Court Duty of Care Trade Union Collective Bargaining Delictual Claims Mandate in Union Context

Case Brief

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Parties

Ndlovu, Sibusiso and 25 Others

Applicant

South African Commercial Catering and Allied Workers Union

Respondent

Procedural Posture

Civil Jurisdictional Objection / Points in Limine on Jurisdiction and Cause of Action

Legal Issues

  1. 1 Does the Labour Court have jurisdiction over a delictual claim between a trade union and its members?
  2. 2 Does the applicants' statement of claim disclose a cause of action justiciable in the Labour Court?

Ratio Decidendi

The Labour Court lacks jurisdiction to adjudicate delictual claims between a trade union and its members where the claim does not arise from the union's constitution or a specific provision of the Labour Relations Act. The applicants' claim, based on an alleged breach of duty of care in the collective bargaining process, does not fall within the matters contemplated by section 157(1) or section 157(2) of the LRA. The authorities cited by the applicants are distinguishable and do not support the extension of jurisdiction to such delictual claims. Furthermore, the applicants' pleadings do not disclose a cause of action justiciable in the Labour Court, as they do not rely on the union's...

Court Disposition

The points in limine are upheld; the Labour Court lacks jurisdiction and the claim is dismissed with costs.

Orders

  • The points in limine are upheld.
  • The applicants' claim is dismissed.