South Africa Case Law

Malusi Wekhaya Construction CC v Bargaining Council for the Civil Engineering Industry and Others (C479 & C480/2021)

Malusi Wekhaya Construction CC v Bargaining Council for the Civil Engineering Industry and Others (C479 & C480/2021) [2024] ZALCCT 2; (2024) 45 ILJ 858 (LC); [2024] 4 BLLR 397 (LC) (23 January 2024)

Court

Labour Court Cape Town

Case number

C479 & C480/2021

Judge

Rabkin-Naicker

The Labour Court set aside BCCEI appeal decisions refusing or limiting exemption from wage and bonus increases, finding the process irrational and inadequately reasoned.

• Collective Agreement Exemption
• Review Of Administrative Action
• Rationality And Legality
• Natural Justice
• Ex Post Facto Reasoning
• Collective-agreement-exemption

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

Thompson Savage And company (Pty) Ltd v National Bargaining Council for the Clothing Manufacturing industry and Others (D 203/03)

Thompson Savage And company (Pty) Ltd v National Bargaining Council for the Clothing Manufacturing industry and Others (D 203/03) [2004] ZALC 67 (8 September 2004)

Court

Labour Court

Case number

D203/03

Judge

Pillay D

Labour Court review of a bargaining council exemption refusal. The court held the council had power to consider severance-pay exemptions and set aside the decision.

• Severance Pay
• Collective Agreement Exemption
• Bargaining Council Powers
• Committee Composition
• Ultra Vires
• Main Agreement Interpretation