NUMSA obo Members v Transnet SOC Ltd and Others (P88/16) [2016] ZALCPE 14 (13 May 2016)

NUMSA obo Members v Transnet SOC Ltd and Others (P88/16) [2016] ZALCPE 14 (13 May 2016)

The court found that NUMSA has locus standi to bring the application, as it is probable that the applicant has members affected by the termination of fixed term contracts. The Transnet Bargaining Council is a council within the meaning of the Labour Relations Act, as it is deemed to be a bargaining council under the Act. The fixed term contracts are valid and enforceable in law, as they are permitted by a collective agreement concluded on 15 December 2015. Section 23(1)(d) applies, binding the applicant's members to the collective agreement, as the requirements of identification, express binding, and majority representation are met. Section 32 does not apply, as no extension request was...

Citation
[2016] ZALCPE 14
Parties
Applicant: NUMSA obo Members; Respondent: Transnet SOC Ltd and Others
Court
Labour Court Port Elizabeth
Jurisdiction
South Africa
Judgment Date
13 May 2016
Case Number
P88/16
Procedural Posture
Urgent Application / Final Judgment on Urgent Application Under Section 189 A(13) of the Labour Relations Act
Outcome
Application dismissed with no order as to costs.
Judges
Moshoana
Legal Topics
Collective Agreements, Fixed Term Contracts, Locus Standi, Termination of Employment, Majoritarianism, Section 189a Procedure
Labour Law Collective Agreements Fixed Term Contracts Locus Standi Termination of Employment Majoritarianism Section 189a Procedure

Case Brief

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Parties

NUMSA obo Members

Applicant

Transnet SOC Ltd and Others

Respondent

Procedural Posture

Urgent Application / Final Judgment on Urgent Application Under Section 189 A(13) of the Labour Relations Act

Legal Issues

  1. 1 Whether the applicant has locus standi to bring the application on behalf of its members.
  2. 2 Whether the Transnet Bargaining Council is a council within the meaning of the Labour Relations Act.
  3. 3 Whether the fixed term contracts are valid and enforceable in law under the collective agreement.

Ratio Decidendi

The court found that NUMSA has locus standi to bring the application, as it is probable that the applicant has members affected by the termination of fixed term contracts. The Transnet Bargaining Council is a council within the meaning of the Labour Relations Act, as it is deemed to be a bargaining council under the Act. The fixed term contracts are valid and enforceable in law, as they are permitted by a collective agreement concluded on 15 December 2015. Section 23(1)(d) applies, binding the applicant's members to the collective agreement, as the requirements of identification, express binding, and majority representation are met. Section 32 does not apply, as no extension request was...

Court Disposition

Application dismissed with no order as to costs.

Orders

  • The application is dismissed.
  • No order as to costs.