South Africa Case Law

Putco (Pty) Ltd v SA Road Passenger Bargaining Council and Others (JR1969-18)

Putco (Pty) Ltd v SA Road Passenger Bargaining Council and Others (JR1969-18) [2019] ZALCJHB 137; (2019) 40 ILJ 2389 (LC) (11 April 2019)

Court

Labour Court Johannesburg

Case number

JR1969-18

Judge

Van Niekerk

The Labour Court has jurisdiction to review decisions of exemption and exemption appeal authorities under s 158(1)(g) of the LRA, applying the Sidumo reasonableness test. Both the exemption and appeal authorities failed to provide substantive reasons for their decisions, did not interrogate the evidence properly, and did not address the core issue of affordability. The absence of reasoned decisions constitutes a material irregularity and renders the outcomes unreasonable. Given the comprehensive evidence before the court, the applicant's justified lack of faith in the exemption authorities, a…

Source excerpt

• Collective Agreement Exemption
• Reasonableness Review
• Failure To Provide Reasons
• Affordability
• Remittal Vs Substitution

National Union of Mineworkers and Another v Commission for Conciliation, Mediation and Arbitration and Others (JR388/14)

National Union of Mineworkers and Another v Commission for Conciliation, Mediation and Arbitration and Others (JR388/14) [2016] ZALCJHB 508; [2017] 4 BLLR 405 (LC) (15 December 2016)

Court

Labour Court Johannesburg

Case number

JR388/14

Judge

Lagrange

Labour Court review of an interest arbitration award over Eskom wages and conditions. The court upheld the award and dismissed the unions’ review.

• Interest Arbitration
• Final Offer Arbitration
• Reasonableness Review
• Affordability
• Comparability
• Collective Bargaining