Security Services Employers. Organisation ("SSEO") and Others v South African Transport and Allied Workers. Union ("SATAWU") and Others (JA 28/06) [2006] ZALAC 6 (11 May 2006)

Security Services Employers. Organisation ("SSEO") and Others v South African Transport and Allied Workers. Union ("SATAWU") and Others (JA 28/06) [2006] ZALAC 6 (11 May 2006)

The Labour Appeal Court held that SATAWU was not bound by the April 1 wage agreement as it had not signed or initialled the handwritten amendment to the bargaining council constitution and had consistently maintained its position. The appellants' attempt to argue acquiescence based on SATAWU's conduct at meetings...

Source-derived case information.

Citation
[2006] ZALAC 6
Parties
Appellant: Security Services Employers' Organisation (SSEO); Appellant: South African National Security Employers' Association (SANSEA); Appellant: South African Intruder Detection Services Association (SAIDSA); Appellant: Western Cape Security Association (WESCA); Appellant: Security Industry Association of South Africa (SIASA); Respondent: South African Transport and Allied Workers' Union (SATAWU); Respondent: Those persons whose names are listed in Annexure 'A' to the Notice of Motion
Court
Labour Appeal Court
Jurisdiction
South Africa
Judgment Date
11 May 2006
Case Number
JA 28/06
Procedural Posture
Civil Appeal / Appeal From Labour Court Judgment Discharging Rule Nisi With Costs
Outcome
Appeal dismissed with costs.
Judges
Zondo JP, Jappie AJA, Musi AJA
Legal Topics
Collective Bargaining, Strike Action, Interpretation of Collective Agreements, Estoppel, Affidavit Procedure
Labour Law Civil Procedure Collective Bargaining Strike Action Interpretation of Collective Agreements Estoppel Affidavit Procedure

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Summary, issues, holding and outcome

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Parties

Security Services Employers' Organisation (SSEO)

Appellant

South African National Security Employers' Association (SANSEA)

Appellant

South African Intruder Detection Services Association (SAIDSA)

Appellant

Western Cape Security Association (WESCA)

Appellant

Security Industry Association of South Africa (SIASA)

Appellant

South African Transport and Allied Workers' Union (SATAWU)

Respondent

Those persons whose names are listed in Annexure 'A' to the Notice of Motion

Respondent

Procedural Posture

Civil Appeal / Appeal From Labour Court Judgment Discharging Rule Nisi With Costs

Legal Issues

  1. 1 Whether SATAWU was bound by the April 1 wage agreement despite not signing it.
  2. 2 Whether SATAWU acquiesced to the handwritten amendment to the bargaining council constitution.
  3. 3 Whether the Labour Court correctly discharged the rule nisi and dismissed the application.

Ratio Decidendi

The Labour Appeal Court held that SATAWU was not bound by the April 1 wage agreement as it had not signed or initialled the handwritten amendment to the bargaining council constitution and had consistently maintained its position. The appellants' attempt to argue acquiescence based on SATAWU's conduct at meetings was rejected, as the evidence showed SATAWU's refusal to accept the amendment and its insistence on a collective mandate. The Court found that the approach of deciding the matter on a case not made out in the founding affidavit was impermissible and prejudicial to the respondents, in line with the principles established in Theletsane. The appeal was dismissed, and the Labour...

Court Disposition

Appeal dismissed with costs.

Orders

  • The appeal is dismissed with costs.