South African Local Government Association v Independent Municipal And Allied Trade Union and Others (JA46/2012) [2014] ZALAC 4; [2014] 6 BLLR 569 (LAC) (25 February 2014)

South African Local Government Association v Independent Municipal And Allied Trade Union and Others (JA46/2012) [2014] ZALAC 4; [2014] 6 BLLR 569 (LAC) (25 February 2014)

The Labour Appeal Court held that no binding collective agreement was concluded on 20 April 2010 because the Bargaining Committee did not reconvene to formally adopt the drafting team’s proposals, and the agreement was not signed by all parties as contemplated by the Constitution of the Bargaining Council. The evidence did not establish a well-entrenched practice or custom that could override the express constitutional requirements for decision-making. The parties themselves did not consider the unsigned agreement binding, as evidenced by their conduct and arrangements for a signing ceremony. Rectification was not available because the respondents failed to prove that all principals...

Citation
[2014] ZALAC 4
Parties
Appellant: South African Local Government Association; Respondent: Independent Municipal and Allied Trade Union; Respondent: South African Municipal Workers’ Union; Respondent: South African Local Government Bargaining Council
Court
Labour Appeal Court
Jurisdiction
South Africa
Judgment Date
25 February 2014
Case Number
JA46/2012
Procedural Posture
Civil Appeal / Appeal From Labour Court Judgment
Outcome
Appeal upheld. Application dismissed. No order as to costs.
Judges
Waglay, C J Musi, Mokgoatlheng
Legal Topics
Collective Agreements, Rectification, Constitution of Bargaining Council, Custom and Practice, Binding Effect of Agreements
Labour Law Civil Procedure Collective Agreements Rectification Constitution of Bargaining Council Custom and Practice Binding Effect of Agreements

Case Brief

Summary, issues, holding and outcome

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Parties

South African Local Government Association

Appellant

Independent Municipal and Allied Trade Union

Respondent

South African Municipal Workers’ Union

Respondent

South African Local Government Bargaining Council

Respondent

Procedural Posture

Civil Appeal / Appeal From Labour Court Judgment

Legal Issues

  1. 1 Whether a collective agreement was validly concluded on 20 April 2010 without signature.
  2. 2 Whether practice or custom can override the express terms of the Bargaining Council’s Constitution.
  3. 3 Whether rectification of the signed agreement is permissible where no prior binding agreement existed.

Ratio Decidendi

The Labour Appeal Court held that no binding collective agreement was concluded on 20 April 2010 because the Bargaining Committee did not reconvene to formally adopt the drafting team’s proposals, and the agreement was not signed by all parties as contemplated by the Constitution of the Bargaining Council. The evidence did not establish a well-entrenched practice or custom that could override the express constitutional requirements for decision-making. The parties themselves did not consider the unsigned agreement binding, as evidenced by their conduct and arrangements for a signing ceremony. Rectification was not available because the respondents failed to prove that all principals...

Court Disposition

Appeal upheld. Application dismissed. No order as to costs.

Orders

  • The appeal is upheld with no order as to costs.
  • The order of the court a quo is set aside and replaced with: The application is dismissed with no order as to costs.