South Africa Case Law

Innovative Staffing Solutions (Pty) Ltd v National Bargaining Council for the Road Freight and Logistics Industry (J 1380/21)

Innovative Staffing Solutions (Pty) Ltd v National Bargaining Council for the Road Freight and Logistics Industry (J 1380/21) [2022] ZALCJHB 86 (5 April 2022)

Court

Labour Court Johannesburg

Case number

J 1380/21

Judge

D Mahosi

The Labour Court dismissed an application for leave to appeal, finding no reasonable prospects that another court would reach a different result.

• Leave To Appeal
• Collective Agreement Enforcement
• Urgent Application
• Demarcation Award
• Interdict
• Costs Order

MEC of the Western Cape Provincial Government Health Department v Coetzee and Others (C276/17)

MEC of the Western Cape Provincial Government Health Department v Coetzee and Others (C276/17) [2017] ZALCCT 67 (30 November 2017)

Court

Labour Court Cape Town

Case number

C276/17

Judge

GN Moshoana

The court held that the commissioner correctly identified and resolved the principal issue: whether Coetzee and others were employed or engaged in the public health sector and thus subject to the collective agreement. The statutory definitions in the LRA were applied, and the factual matrix established that Coetzee and others performed duties at provincial hospitals under the applicant's control. The court found that the commissioner’s reasoning and application of the law were reasonable and that any alleged error of law was immaterial to the outcome. The review test is one of reasonableness,…

Source excerpt

• Demarcation Award
• Collective Agreement Interpretation
• Employee Definition
• Public Service Employment
• Prescribed Rate Of Interest
• Costs Award

Henred Fraunhauf (Pty) Ltd and Another v Marcus N.O and Others (JA41/14)

Henred Fraunhauf (Pty) Ltd and Another v Marcus N.O and Others (JA41/14) [2015] ZALAC 53; [2016] 4 BLLR 401 (LAC) (8 December 2015)

Court

Labour Appeal Court

Case number

JA41/14

Judges

Tlaletsi, Sutherland, Mngqibisa-Thusi

Appeal against dismissal of a review of a CCMA demarcation award failed because the arbitration record was incomplete and the dispute was also found to be moot.

• Demarcation Award
• Review Of Arbitration
• Incomplete Record
• Mootness
• Costs Award
• Incomplete-record

National Textile Bargaining Council v De Kock NO and Others (C 431/2011)

National Textile Bargaining Council v De Kock NO and Others (C 431/2011) [2013] ZALCCT 37; (2014) 35 ILJ 1017 (LC) (18 October 2013)

Court

Labour Court Cape Town

Case number

C 431/2011

Judge

Anton Steenkamp

The Labour Court reviewed a demarcation award about whether Basic Trim CC fell under the textile or printing bargaining council, and sent the matter back to the CCMA.

• Demarcation Award
• Collective Bargaining Structures
• Scope Of Bargaining Council
• Review Of Ccma Award
• Social Policy Considerations
• Demarcation-award

South African Municipal Workers Union v Syntell (Pty) Ltd and Others (C917/2010)

South African Municipal Workers Union v Syntell (Pty) Ltd and Others (C917/2010) [2012] ZALCCT 41; [2013] 2 BLLR 207 (LC); (2013) 34 ILJ 1263 (LC) (12 October 2012)

Court

Labour Court Cape Town

Case number

C917/2010

Judge

Rabkin-Naicker

The court held that the Commissioner was not required to grant the parties a second hearing after consulting NEDLAC and changing his initial provisional ruling. The consultation duty under section 62(9) of the LRA is owed to NEDLAC, not to the parties, who had already had the opportunity to make representations. The Commissioner was entitled to reconsider his provisional views in light of NEDLAC's input and other reflections before making the final award. The distinction between the company and a temporary employment service was correctly drawn, and the union failed to discharge the onus of p…

Source excerpt

• Demarcation Award
• Bargaining Council Jurisdiction
• Municipal Services Outsourcing
• Audi Alteram Partem
• Review Of Arbitration Award