Professional Transport Workers Union and Others v Magnum Security (Pty) Ltd and Another (J3128/01) [2001] ZALC 139; [2002] 1 BLLR 80 (LC); (2001) 22 ILJ 2735 (LC) (7 September 2001)

Professional Transport Workers Union and Others v Magnum Security (Pty) Ltd and Another (J3128/01) [2001] ZALC 139; [2002] 1 BLLR 80 (LC); (2001) 22 ILJ 2735 (LC) (7 September 2001)

The Labour Court retains jurisdiction to adjudicate disputes of right under the BCEA, even where the dispute has previously been referred to the CCMA. The sectoral determination reduced the permissible ordinary working hours from 55 to 50 per week, but did not affect the legality of agreements for overtime within the statutory maximum. The applicants failed to provide sufficient evidence of a binding agreement for compulsory overtime prior to 6 March 2001. Given the dispute of fact regarding the existence of such an agreement, the matter cannot be resolved on paper and must be referred to oral evidence. The applicants are not entitled to a declaration that their contract obliges them to...

Citation
[2001] ZALC 139
Parties
Applicant: Professional Transport Workers Union; Applicant: Elphas Mlondolozi Nkosi; Applicant: Third and Further Applicants listed on Annexure 'A'; Respondent: Magnum Security (Pty) Ltd; Respondent: Security Services Employers’ Organisation
Court
Labour Court
Jurisdiction
South Africa
Judgment Date
7 September 2001
Case Number
J3128/01
Procedural Posture
Urgent Application / Referral to Oral Evidence After Application for Mandamus
Outcome
Matter referred to oral evidence; costs reserved.
Judges
Landman
Legal Topics
Basic Conditions of Employment Act, Sectoral Determination, Contract of Employment, Overtime Entitlement, Mandamus, Dispute of Right
Labour Law Civil Procedure Basic Conditions of Employment Act Sectoral Determination Contract of Employment Overtime Entitlement Mandamus Dispute of Right

Case Brief

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Parties

Professional Transport Workers Union

Applicant

Elphas Mlondolozi Nkosi

Applicant

Third and Further Applicants listed on Annexure 'A'

Applicant

Magnum Security (Pty) Ltd

Respondent

Security Services Employers’ Organisation

Respondent

Procedural Posture

Urgent Application / Referral to Oral Evidence After Application for Mandamus

Legal Issues

  1. 1 Whether the applicants are entitled to be paid for 5 hours overtime per week as from 20 March 2001.
  2. 2 Whether the applicants have entered into an agreement with Magnum Security (Pty) Ltd prior to 6 March 2001 entitling them to work a specified number of hours per week.
  3. 3 Whether the reduction in ordinary working hours by sectoral determination affects the applicants' contractual rights.

Ratio Decidendi

The Labour Court retains jurisdiction to adjudicate disputes of right under the BCEA, even where the dispute has previously been referred to the CCMA. The sectoral determination reduced the permissible ordinary working hours from 55 to 50 per week, but did not affect the legality of agreements for overtime within the statutory maximum. The applicants failed to provide sufficient evidence of a binding agreement for compulsory overtime prior to 6 March 2001. Given the dispute of fact regarding the existence of such an agreement, the matter cannot be resolved on paper and must be referred to oral evidence. The applicants are not entitled to a declaration that their contract obliges them to...

Court Disposition

Matter referred to oral evidence; costs reserved.

Orders

  • The matter is referred to oral evidence on whether the applicants entered into an agreement with Magnum Security (Pty) Ltd prior to 6 March 2001 entitling them to work a specified number of hours per week.
  • A list of witnesses and an accurate summary of their evidence is to be exchanged within 10 days of this order.