South Africa Case Law

Union for Police Security and Corrections Organisation v South African Custodial Management (Pty) Ltd and Others (CCT 192/20)

Union for Police Security and Corrections Organisation v South African Custodial Management (Pty) Ltd and Others (CCT 192/20) [2021] ZACC 26; 2021 (11) BCLR 1249 (CC); (2021) 42 ILJ 2371 (CC); [2021] 12 BLLR 1173 (CC) (7 September 2021)

Court

Constitutional Court

Case number

CCT 192/20

Judges

Mogoeng, Jafta, Khampepe, Madlanga, Majiedt, Mhlantla, Pillay, Theron, Tlaletsi, Tshiqi

The Constitutional Court held that the Labour Court correctly found it lacked jurisdiction to adjudicate the dispute, as it concerned the interpretation and enforcement of a collective agreement, which falls within the exclusive jurisdiction of the CCMA under section 24 of the LRA. The applicant's reliance on Fredericks was misplaced, as the Labour Court's jurisdiction is not extended by section 34 of the Constitution in these circumstances. However, the Labour Court erred in awarding costs against the applicant in the application for leave to appeal. The established principle is that costs d…

Source excerpt

• Costs In Labour Matters
• Collective Agreement Jurisdiction
• Section 23 Rights
• Section 34 Access To Courts
• Law And Fairness Standard