SBV Services (Pty) Ltd v NBCRFLI and Others (JR3103/12) [2015] ZALCJHB 374; (2016) 37 ILJ 708 (LC) (27 October 2015)

SBV Services (Pty) Ltd v NBCRFLI and Others (JR3103/12) [2015] ZALCJHB 374; (2016) 37 ILJ 708 (LC) (27 October 2015)

The court held that the commissioner did not misconceive the nature of the enquiry and correctly interpreted the term 'goods' in the context of the bargaining council's certificate of registration. The commissioner considered the language, context, and purpose of the certificate, as well as the objectives of the Labour Relations Act, including collective bargaining. The interpretation that 'goods' includes 'money' in the context of cash in transit operations was found to be reasonable and supported by legal authority. The review test under section 145 of the LRA applies to demarcation proceedings, and the applicant failed to demonstrate that the commissioner's decision was so unreasonable...

Citation
[2015] ZALCJHB 374
Parties
Applicant: SBV Services (Pty) Ltd; Respondent: NBCRFLI; Respondent: CCMA; Respondent: Floors Brand N.O.; Respondent: SASBO – THE FINANCE UNION; Respondent: Protea Coin Group (Assets in Transit and Armed Reaction) (Pty) Ltd
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
27 October 2015
Case Number
JR3103/12
Procedural Posture
Review Application / Judgment on Review of CCMA Demarcation Ruling
Outcome
Application for review dismissed.
Judges
Steenkamp
Legal Topics
Demarcation Dispute, Interpretation of Goods, Collective Bargaining, Review of Ccma Award, Scope of Bargaining Council
Labour Law Administrative Law Demarcation Dispute Interpretation of Goods Collective Bargaining Review of Ccma Award Scope of Bargaining Council

Case Brief

Summary, issues, holding and outcome

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Parties

SBV Services (Pty) Ltd

Applicant

NBCRFLI

Respondent

CCMA

Respondent

Floors Brand N.O.

Respondent

SASBO – THE FINANCE UNION

Respondent

Protea Coin Group (Assets in Transit and Armed Reaction) (Pty) Ltd

Respondent

Procedural Posture

Review Application / Judgment on Review of CCMA Demarcation Ruling

Legal Issues

  1. 1 Does the term 'goods' in the bargaining council's certificate of registration include 'money' in the context of cash in transit operations?
  2. 2 Is the CCMA demarcation award reviewable under section 145 or section 158(1)(g) of the Labour Relations Act?
  3. 3 Did the commissioner commit a gross irregularity or error of law in his interpretation?

Ratio Decidendi

The court held that the commissioner did not misconceive the nature of the enquiry and correctly interpreted the term 'goods' in the context of the bargaining council's certificate of registration. The commissioner considered the language, context, and purpose of the certificate, as well as the objectives of the Labour Relations Act, including collective bargaining. The interpretation that 'goods' includes 'money' in the context of cash in transit operations was found to be reasonable and supported by legal authority. The review test under section 145 of the LRA applies to demarcation proceedings, and the applicant failed to demonstrate that the commissioner's decision was so unreasonable...

Court Disposition

Application for review dismissed.

Orders

  • The application for review is dismissed.
  • Each party is to pay its own costs.