Rakoma v Food and Allied Workers Unions (2024/110352) [2024] ZALCJHB 379 (1 October 2024)

Rakoma v Food and Allied Workers Unions (2024/110352) [2024] ZALCJHB 379 (1 October 2024)

The court found that the applicant's suspension as an employee does not affect his status as a member in good standing for purposes of eligibility for election under the union constitution. The constitution does not link 'good standing' to suspension, and the applicant remains eligible for election if properly nominated. The relief sought to lift the suspension or interdict the Provincial Congress is academic, as the applicant's eligibility is not affected by the suspension. Any challenge to the fairness of the suspension should have been brought as an unfair labour practice before the CCMA, as the Labour Court lacks jurisdiction to determine the fairness of the suspension. Accordingly,...

Citation
[2024] ZALCJHB 379
Parties
Applicant: Oscar Tebogo Rakoma; Respondent: Food and Allied Workers Union
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
1 October 2024
Case Number
2024/110352
Procedural Posture
Urgent Application / Application to Lift Suspension and Interdict Provincial Congress
Outcome
Application dismissed. No order as to costs.
Judges
RN Daniels
Legal Topics
Unfair Labour Practice, Union Suspension, Eligibility for Election, Union Constitution Interpretation
Labour Law Unfair Labour Practice Union Suspension Eligibility for Election Union Constitution Interpretation

Case Brief

Summary, issues, holding and outcome

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Parties

Oscar Tebogo Rakoma

Applicant

Food and Allied Workers Union

Respondent

Procedural Posture

Urgent Application / Application to Lift Suspension and Interdict Provincial Congress

Legal Issues

  1. 1 Whether the applicant's suspension from the union is unfair and should be lifted.
  2. 2 Whether the applicant is eligible to stand for election at the Provincial Congress despite his suspension.
  3. 3 Whether the Provincial Congress should be interdicted pending the outcome of the suspension.

Ratio Decidendi

The court found that the applicant's suspension as an employee does not affect his status as a member in good standing for purposes of eligibility for election under the union constitution. The constitution does not link 'good standing' to suspension, and the applicant remains eligible for election if properly nominated. The relief sought to lift the suspension or interdict the Provincial Congress is academic, as the applicant's eligibility is not affected by the suspension. Any challenge to the fairness of the suspension should have been brought as an unfair labour practice before the CCMA, as the Labour Court lacks jurisdiction to determine the fairness of the suspension. Accordingly,...

Court Disposition

Application dismissed. No order as to costs.

Orders

  • The application to lift the suspension and interdict the Provincial Congress is dismissed.
  • There is no order as to costs.