South African Typographical Union obo Van As and Others v Kohler Flexible Packaging (Cape) a division of Kohler Packaging Limited (C24/2000) [2000] ZALC 124; (2001) 22 ILJ 1892 (LC) (1 November 2000)

South African Typographical Union obo Van As and Others v Kohler Flexible Packaging (Cape) a division of Kohler Packaging Limited (C24/2000) [2000] ZALC 124; (2001) 22 ILJ 1892 (LC) (1 November 2000)

The court found that the collective agreements between the parties clearly stipulated a one-week notice period for weekly paid employees, which was permissible under section 37(2) of the BCEA. The language of the agreements was plain and unambiguous, and there was no basis to interpret the notice period as applying only to employees or to substitute the statutory four weeks for the agreed one week. Regarding severance pay, the court held that although shift allowance forms part of remuneration generally, section 35(5) of the BCEA excludes certain payments for the purpose of calculating severance pay, but shift allowance does not fall within those exclusions. However, the applicant failed...

Citation
[2000] ZALC 124
Parties
Applicant: South African Typographical Union obo JG Van As & 6 Others; Respondent: Kohler Flexible Packaging (Cape) a division of Kohler Packaging Limited
Court
Labour Court
Jurisdiction
South Africa
Judgment Date
1 November 2000
Case Number
C24/2000
Procedural Posture
Urgent Application / Judgment
Outcome
Application dismissed; no order as to costs.
Judges
Waglay
Legal Topics
Notice Pay, Severance Pay, Collective Agreement Interpretation, Basic Conditions of Employment Act, Remuneration Definition
Labour Law Notice Pay Severance Pay Collective Agreement Interpretation Basic Conditions of Employment Act Remuneration Definition

Case Brief

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Parties

South African Typographical Union obo JG Van As & 6 Others

Applicant

Kohler Flexible Packaging (Cape) a division of Kohler Packaging Limited

Respondent

Procedural Posture

Urgent Application / Judgment

Legal Issues

  1. 1 What is the correct notice period for the dismissed employees under the BCEA and the relevant collective agreements?
  2. 2 Should shift allowance be included in the calculation of severance pay for retrenched employees?
  3. 3 Was there an agreement between the parties regarding the calculation of severance pay including shift allowance?

Ratio Decidendi

The court found that the collective agreements between the parties clearly stipulated a one-week notice period for weekly paid employees, which was permissible under section 37(2) of the BCEA. The language of the agreements was plain and unambiguous, and there was no basis to interpret the notice period as applying only to employees or to substitute the statutory four weeks for the agreed one week. Regarding severance pay, the court held that although shift allowance forms part of remuneration generally, section 35(5) of the BCEA excludes certain payments for the purpose of calculating severance pay, but shift allowance does not fall within those exclusions. However, the applicant failed...

Court Disposition

Application dismissed; no order as to costs.

Orders

  • The application is dismissed.
  • There is no order as to costs.