Photocircuit SA (Pty) Ltd. v De Klerk NO and Others (296/89)
Photocircuit SA (Pty) Ltd. v De Klerk NO and Others (296/89) [1990] ZASCA 158; 1991 (2) SA 11 (AD); [1991] 4 All SA 119 (AD); (1991) 12 ILJ 289 (A) (30 November 1990)
The Supreme Court of Appeal held that section 23(1) of the Labour Relations Act confers jurisdiction on industrial councils over all employers within the registered area and occupation, irrespective of membership. The appellant, though not a member, was subject to the council's jurisdiction. The Minister acted within his powers under section 48(1)(b) in excluding certain provisions of the industrial agreement for non-members, resulting in a prohibition on the appellant making deductions for union dues. Compliance with the employees' request would have constituted an offence. The strike was th…
Source excerpt
- Industrial Council Jurisdiction
- Strike Legality
- Unfair Labour Practice
- Ministerial Regulation
- Deduction Of Union Dues