Western Cape Workers Association v Gansbaai Marine (J190/99) [1999] ZALC 127 (19 August 1999)

Western Cape Workers Association v Gansbaai Marine (J190/99) [1999] ZALC 127 (19 August 1999)

The court found that the threshold agreement entered into between the respondent and the majority union was sanctioned by section 18 of the Labour Relations Act and complied with its requirements. The Act promotes collective bargaining, especially between employers and majority unions. The arbitration award would have no legal consequences in light of the threshold agreement, and making it an order of court would be pointless and a waste of judicial resources. The court exercised its discretion against making the award an order of court, as the threshold agreement superseded the arbitration award regarding organisational rights.

Citation
[1999] ZALC 127
Parties
Applicant: Western Cape Workers Association; Respondent: Gansbaai Marine
Court
Labour Court
Jurisdiction
South Africa
Judgment Date
19 August 1999
Case Number
J190/99
Procedural Posture
Urgent Application / Application to Make Arbitration Award an Order of Court
Outcome
Application refused; no order as to costs.
Judges
Stelzner
Legal Topics
Organisational Rights, Threshold of Representativeness, Collective Bargaining, Arbitration Award Enforcement
Labour Law Civil Procedure Organisational Rights Threshold of Representativeness Collective Bargaining Arbitration Award Enforcement

Case Brief

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Parties

Western Cape Workers Association

Applicant

Gansbaai Marine

Respondent

Procedural Posture

Urgent Application / Application to Make Arbitration Award an Order of Court

Legal Issues

  1. 1 Whether the arbitration award granting organisational rights to the applicant should be made an order of court under section 158(1)(c) of the Labour Relations Act.
  2. 2 Whether a threshold agreement concluded under section 18 of the Labour Relations Act after the arbitration award affects the enforceability of the award.
  3. 3 Whether the court should exercise its discretion to make the award an order of court in light of the subsequent threshold agreement.

Ratio Decidendi

The court found that the threshold agreement entered into between the respondent and the majority union was sanctioned by section 18 of the Labour Relations Act and complied with its requirements. The Act promotes collective bargaining, especially between employers and majority unions. The arbitration award would have no legal consequences in light of the threshold agreement, and making it an order of court would be pointless and a waste of judicial resources. The court exercised its discretion against making the award an order of court, as the threshold agreement superseded the arbitration award regarding organisational rights.

Court Disposition

Application refused; no order as to costs.

Orders

  • The application in terms of section 158(1)(c) is refused.
  • There is no order as to costs.