Thekwini Security Services v Director General, Department of Labour (D576/05) [2007] ZALCD 13 (8 February 2007)

Thekwini Security Services v Director General, Department of Labour (D576/05) [2007] ZALCD 13 (8 February 2007)

The court held that the wording of the sectoral determination regarding the annual bonus was clear and did not mention the hourly wage, thus the appellant's strict interpretation must be upheld. Similarly, the apparel allowance was only payable if employees were required to clean their uniforms, which was not the case here. The appeal therefore succeeded on both grounds, as the court was bound by the strict statutory language and could not give effect to any unexpressed intention of the parties to the bargaining council.

Citation
[2007] ZALCD 13
Parties
Applicant: Thekwini Security Services; Respondent: Director General, Department of Labour
Court
Labour Court Durban
Jurisdiction
South Africa
Judgment Date
8 February 2007
Case Number
D576/05
Procedural Posture
Civil Appeal / Appeal Against Compliance Order
Outcome
Appeal upheld on both grounds; no order as to costs.
Judges
D Pillay
Legal Topics
Sectoral Determination, Annual Bonus Calculation, Apparel Allowance, Statutory Interpretation
Labour Law Sectoral Determination Annual Bonus Calculation Apparel Allowance Statutory Interpretation

Case Brief

Summary, issues, holding and outcome

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Parties

Thekwini Security Services

Applicant

Director General, Department of Labour

Respondent

Procedural Posture

Civil Appeal / Appeal Against Compliance Order

Legal Issues

  1. 1 Whether the formula for annual bonus in the applicable sectoral determination was correctly interpreted by the appellant.
  2. 2 Whether the appellant is liable to pay an apparel allowance under clause 16.1.(c) of sectoral determination No 6 for the private security sector.

Ratio Decidendi

The court held that the wording of the sectoral determination regarding the annual bonus was clear and did not mention the hourly wage, thus the appellant's strict interpretation must be upheld. Similarly, the apparel allowance was only payable if employees were required to clean their uniforms, which was not the case here. The appeal therefore succeeded on both grounds, as the court was bound by the strict statutory language and could not give effect to any unexpressed intention of the parties to the bargaining council.

Court Disposition

Appeal upheld on both grounds; no order as to costs.

Orders

  • The appeal succeeds.
  • No order as to costs.