Public Servants Association and Another v Public Service Coordinating Bargaining Council (J5108/2000) [2001] ZALC 61; [2001] 7 BLLR 815 (LC); (2001) 22 ILJ 1878 (LC) (26 April 2001)

Public Servants Association and Another v Public Service Coordinating Bargaining Council (J5108/2000) [2001] ZALC 61; [2001] 7 BLLR 815 (LC); (2001) 22 ILJ 1878 (LC) (26 April 2001)

The Labour Court held that the respondent, as a statutory body created by the Labour Relations Act, is limited to the powers expressly or implicitly conferred by the Act. Section 37 of the LRA allows the respondent to designate sectors for the establishment of bargaining councils, but does not confer the power to de-establish or dissolve councils once established. The actual establishment and dissolution of bargaining councils are governed by their constitutions and the procedures set out in the LRA, specifically sections 59 and 60. Item 20 of Schedule 7 preserves the corporate status of existing departmental and provincial bargaining councils, and the respondent's resolution purporting...

Citation
[2001] ZALC 61
Parties
Applicant: Public Servants Association; Applicant: Provincial Bargaining Council Western Cape; Respondent: Public Service Coordinating Bargaining Council
Court
Labour Court
Jurisdiction
South Africa
Judgment Date
26 April 2001
Case Number
J5108/2000
Procedural Posture
Urgent Application / Reasons for Judgment Following Urgent Application and Order
Outcome
Application granted; respondent's resolution set aside as ultra vires.
Judges
Francis AJ
Legal Topics
Bargaining Council Dissolution, Ultra Vires Action, Collective Agreements, Statutory Interpretation, Public Service Structures
Labour Law Administrative Law Bargaining Council Dissolution Ultra Vires Action Collective Agreements Statutory Interpretation Public Service Structures

Case Brief

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Parties

Public Servants Association

Applicant

Provincial Bargaining Council Western Cape

Applicant

Public Service Coordinating Bargaining Council

Respondent

Procedural Posture

Urgent Application / Reasons for Judgment Following Urgent Application and Order

Legal Issues

  1. 1 Whether the respondent had the statutory power to withdraw the designation and thereby de-establish provincial and departmental bargaining councils.
  2. 2 Whether Resolution 3 of 2000 adopted by the respondent was ultra vires the Labour Relations Act.
  3. 3 Whether the respondent's actions infringed statutory provisions or powers under the LRA.

Ratio Decidendi

The Labour Court held that the respondent, as a statutory body created by the Labour Relations Act, is limited to the powers expressly or implicitly conferred by the Act. Section 37 of the LRA allows the respondent to designate sectors for the establishment of bargaining councils, but does not confer the power to de-establish or dissolve councils once established. The actual establishment and dissolution of bargaining councils are governed by their constitutions and the procedures set out in the LRA, specifically sections 59 and 60. Item 20 of Schedule 7 preserves the corporate status of existing departmental and provincial bargaining councils, and the respondent's resolution purporting...

Court Disposition

Application granted; respondent's resolution set aside as ultra vires.

Orders

  • Resolution 3 of 2000 adopted by the respondent is reviewed and set aside.
  • The respondent is ordered to pay the second applicant's costs, including that of senior counsel.