Genrec Mei (Pty) Ltd v Industrial Council for the Iron, Steel, Engineering, Metallurgical Industry and Others (202/93)
Genrec Mei (Pty) Ltd v Industrial Council for the Iron, Steel, Engineering, Metallurgical Industry and Others (202/93) [1994] ZASCA 143; 1995 (1) SA 563 (AD); [1995] 4 BLLR 1 (AD) ; [1995] 1 All SA 501 (A); (1995) 16 ILJ 51 (A) (30 September 1994)
The Supreme Court of Appeal held that the Labour Relations Act 28 of 1956 and the main agreement did not apply to the employment of the respondents on the Mossgas platform, as the platform was situated outside South African territorial waters and thus outside the jurisdiction of the Industrial Council. The employment contracts were for a limited duration and pertained solely to work on the platform, which constituted a separate undertaking from the appellant's Durban business. The court further found that the 1991 amendments to the Labour Relations Act did not have retrospective effect and co…
Source excerpt
- Territorial Jurisdiction
- Application Of Labour Relations Act
- Retrospective Application
- Industrial Council Agreements