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South Africa decisions
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Mickelet v Tray International Services and Administration (Pty) Ltd (C 717/10) [2011] ZALCCT 41 (6 September 2011)
The Labour Court held that a bargaining council lacking jurisdiction could not confer jurisdiction by issuing a certificate of non-resolution.
BMW South Africa v NUMSA obo Members (J2251/11) [2011] ZALCJHB 204 (14 February 2011)
The court found that NUMSA complied with the procedural requirements for a protected strike under sections 64 and 65 of the Labour Relations Act. The certificate of non-resolution was validly issued, and there was no prohibition in the collective agreement preventing NUMSA from striking over the clarified demand. The true nature of the dispute, as clarified after 16 September 2011, did not fall foul of the NBF agreement or section 65 of the LRA. The prohibition on coercion in clause 8.3.3 of the NBF agreement applies only during the facilitation process and not after deadlock or failure of fa…
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EOH Abantu (Pty) Ltd v Commission For Conciliation, Mediation and Arbitration and Another (J 68/08) [2008] ZALC 40; [2008] 7 BLLR 651 (LC) ; (2008) 29 ILJ 2588 (LC) (28 March 2008)
The Labour Court stayed CCMA arbitration pending review, holding that a conciliating commissioner must decide jurisdictional objections raised at conciliation.
EOH Abantu (Pty) Ltd v Commissioner for Conciliation Mediation And Arbitration and Another (J68/08) [2008] ZALCJHB 74 (27 March 2008)
The Labour Court held that the CCMA conciliating commissioner is obliged to determine any jurisdictional objection raised during conciliation before issuing a certificate of non-resolution. The failure to do so constitutes a reviewable irregularity, as the CCMA is a statutory body whose powers are strictly circumscribed by the Labour Relations Act and its own rules. The issuing of a certificate of non-resolution is an administrative act that confers jurisdiction on the arbitrating commissioner, but its validity may be challenged by way of review. Rule 22 of the CCMA Rules does not permit an a…
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City of Johannesburg Metropolitan Municipality v South African Municpal Workers Union (SAMWU) and Others (J2236/07) [2007] ZALC 75; (2008) 29 ILJ 650 (LC) (15 October 2007)
The Labour Court granted urgent interim relief interdicting a SAMWU strike, finding a prima facie case that the conciliation referral and certificate were invalid.
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