O Thorpe Construction and Others v Minister Of Labour and Others (9380/2013) [2014] ZAWCHC 140; (2015) 36 ILJ 935 (WCC) (9 September 2014)

O Thorpe Construction and Others v Minister Of Labour and Others (9380/2013) [2014] ZAWCHC 140; (2015) 36 ILJ 935 (WCC) (9 September 2014)

The High Court does not have jurisdiction to review the Minister's decision to extend a collective agreement under section 32 of the Labour Relations Act. The dispute arises directly from the LRA and is subject to the exclusive jurisdiction of the Labour Court as provided in section 157(1). Section 157(2) does not confer concurrent jurisdiction on the High Court for matters that are governed by the LRA unless a direct constitutional challenge to the legislation itself is made. The applicants' reliance on the principle of legality and constitutional rights does not override the clear legislative intent to vest exclusive jurisdiction in the Labour Court for such disputes. The Valueline...

Citation
[2014] ZAWCHC 140
Parties
Applicant: O Thorpe Construction; Applicant: C M Stoddart t/a GC Stoddart & Son; Applicant: Topaz Lake t/a JVR Construction (Pty); Applicant: RG Paving CC; Applicant: G & H Ontwikkelings t/a HJH Konstruksie BK; Applicant: Deshelf 26 CC t/a Lighthouse Construction; Applicant: Dries Le Roux Konstruksie CC; Applicant: Betty’s Bay Builders t/a Hennie Henn Construction; Applicant: Amakaya Construction CC; Applicant: Delle Donne (Pty) Ltd t/a Exclusive Works; Applicant: Tommy October Bouers; Applicant: L & M Carpenters; Applicant: GT Projects; Applicant: Dirk Romijn & Seuns Konstruksies BK; Applicant: Walker Bay Decking CC; Applicant: Thetyer Property Developments (Pty) Ltd t/a TPD Construction; Applicant: Charles Taylor Construction; Respondent: Minister of Labour; Respondent: Bargaining Council for the Building Industry (Cape of Good Hope); Respondent: Boland Meester Bouers & Verwante Bedrywe Vereniging; Respondent: Master Builders and Allied Trades Association, Cape Peninsula; Respondent: Building Construction and Allied Workers Union; Respondent: Building Wood and Allied Workers Union of South Africa; Respondent: Builders Workers Union; Respondent: National Union of Mine Workers (NUM); Respondent: Employees of First Applicant; Respondent: Employees of Second Applicant; Respondent: Employees of Third Applicant; Respondent: Employees of Fourth Applicant; Respondent: Employees of Fifth Applicant; Respondent: Employees of Sixth Applicant; Respondent: Employees of Seventh Applicant; Respondent: Employees of Eighth Applicant; Respondent: Employees of Eleventh Applicant; Respondent: Employees of Twelfth Applicant; Respondent: Employees of Thirteenth Applicant; Respondent: Employees of Fourteenth Applicant; Respondent: Employees of Fifteenth Applicant; Respondent: Employees of Sixteenth Applicant; Respondent: Employees of Seventeenth Applicant; Respondent: Registrar of Labour Relations; Respondent: Department of Labour
Court
Western Cape High Court, Cape Town
Jurisdiction
South Africa
Judgment Date
9 September 2014
Case Number
9380/2013
Procedural Posture
Review Application / Jurisdictional Challenge and Merits
Outcome
Application dismissed for lack of jurisdiction.
Judges
Davis
Legal Topics
Extension of Collective Agreements, Jurisdiction of High Court, Exclusive Jurisdiction of Labour Court, Principle of Legality, Promotion of Administrative Justice Act
Labour Law Administrative Law Extension of Collective Agreements Jurisdiction of High Court Exclusive Jurisdiction of Labour Court Principle of Legality Promotion of Administrative Justice Act

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Parties

O Thorpe Construction

Applicant

C M Stoddart t/a GC Stoddart & Son

Applicant

Topaz Lake t/a JVR Construction (Pty)

Applicant

RG Paving CC

Applicant

G & H Ontwikkelings t/a HJH Konstruksie BK

Applicant

Deshelf 26 CC t/a Lighthouse Construction

Applicant

Dries Le Roux Konstruksie CC

Applicant

Betty’s Bay Builders t/a Hennie Henn Construction

Applicant

Amakaya Construction CC

Applicant

Delle Donne (Pty) Ltd t/a Exclusive Works

Applicant

Tommy October Bouers

Applicant

L & M Carpenters

Applicant

GT Projects

Applicant

Dirk Romijn & Seuns Konstruksies BK

Applicant

Walker Bay Decking CC

Applicant

Thetyer Property Developments (Pty) Ltd t/a TPD Construction

Applicant

Charles Taylor Construction

Applicant

Minister of Labour

Respondent

Bargaining Council for the Building Industry (Cape of Good Hope)

Respondent

Boland Meester Bouers & Verwante Bedrywe Vereniging

Respondent

Master Builders and Allied Trades Association, Cape Peninsula

Respondent

Building Construction and Allied Workers Union

Respondent

Building Wood and Allied Workers Union of South Africa

Respondent

Builders Workers Union

Respondent

National Union of Mine Workers (NUM)

Respondent

Employees of First Applicant

Respondent

Employees of Second Applicant

Respondent

Employees of Third Applicant

Respondent

Employees of Fourth Applicant

Respondent

Employees of Fifth Applicant

Respondent

Employees of Sixth Applicant

Respondent

Employees of Seventh Applicant

Respondent

Employees of Eighth Applicant

Respondent

Employees of Eleventh Applicant

Respondent

Employees of Twelfth Applicant

Respondent

Employees of Thirteenth Applicant

Respondent

Employees of Fourteenth Applicant

Respondent

Employees of Fifteenth Applicant

Respondent

Employees of Sixteenth Applicant

Respondent

Employees of Seventeenth Applicant

Respondent

Registrar of Labour Relations

Respondent

Department of Labour

Respondent

Procedural Posture

Review Application / Jurisdictional Challenge and Merits

Legal Issues

  1. 1 Does the High Court have jurisdiction to review the Minister's decision to extend a collective agreement under section 32 of the Labour Relations Act?
  2. 2 Is the jurisdiction of the Labour Court exclusive in matters arising from the Labour Relations Act?
  3. 3 Can the principle of legality or constitutional rights be invoked to confer jurisdiction on the High Court in this context?

Ratio Decidendi

The High Court does not have jurisdiction to review the Minister's decision to extend a collective agreement under section 32 of the Labour Relations Act. The dispute arises directly from the LRA and is subject to the exclusive jurisdiction of the Labour Court as provided in section 157(1). Section 157(2) does not confer concurrent jurisdiction on the High Court for matters that are governed by the LRA unless a direct constitutional challenge to the legislation itself is made. The applicants' reliance on the principle of legality and constitutional rights does not override the clear legislative intent to vest exclusive jurisdiction in the Labour Court for such disputes. The Valueline...

Court Disposition

Application dismissed for lack of jurisdiction.

Orders

  • The application is dismissed with costs, including the costs of two counsel.