South Africa Case Law

National Bargaining Council for Road Freight and Logistics Industry v Deysel N.O and Others (DA19/2023)

National Bargaining Council for Road Freight and Logistics Industry v Deysel N.O and Others (DA19/2023) [2025] ZALAC 25; (2025) 46 ILJ 1679 (LAC); [2025] 8 BLLR 790 (LAC) (7 April 2025)

Court

Labour Appeal Court

Case number

DA19/2023

Judges

Savage ADJP, Van Niekerk JA, Govindjee AJA

The Labour Appeal Court dismissed an appeal over a bargaining council’s scope, holding no material error of law and finding substantial compliance with NEDLAC consultation.

• Demarcation Dispute
• Collective Agreements
• Scope Of Bargaining Council
• Interpretation Of Registration Certificate
• Ancillary And Incidental Activities
• Consultation With Nedlac

National Union of Metalworkers v Commission For Conciliation (PR06/22)

National Union of Metalworkers v Commission For Conciliation (PR06/22) [2024] ZALCPE 23; [2024] 9 BLLR 991 (LC); (2024) 45 ILJ 2608 (LC) (10 June 2024)

Court

Labour Court Port Elizabeth

Case number

PR06/22

Judge

MZN Lallie

The court found that the commissioner interpreted the certificate of registration correctly by giving the words their ordinary meaning and considering both the literal and purposive context. The phrase 'one or more' in the certificate is disjunctive, allowing for either transportation or storage of goods alone to fall within the registered scope of the fifth respondent. The commissioner conducted the correct enquiry, considered the relevant facts and law, and reached a reasonable decision. The applicant failed to demonstrate any gross irregularity, misconduct, or unreasonable outcome. The del…

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• Demarcation Dispute
• Collective Bargaining
• Scope Of Registration
• Condonation
• Review Of Arbitration Award

National Bargaining Council For Road Freight and Logistics Industry v Deyzel NO (D236/2020)

National Bargaining Council For Road Freight and Logistics Industry v Deyzel NO (D236/2020) [2023] ZALCD 7 (31 August 2023)

Court

Labour Court Durban

Case number

D236/2020

Judge

GN Moshoana

Labour Court dismissed a review of a demarcation award, upheld the interpretation of the bargaining council certificate, and refused declaratory relief.

• Demarcation Dispute
• Interpretation Of Collective Agreement
• Excess Of Power
• Consultation With Nedlac
• Review Of Arbitration Award
• Demarcation-dispute

Universal Products Networks (Pty) Ltd v Commission for Conciliation, Mediation and Arbitration and Others (C664/2022)

Universal Products Networks (Pty) Ltd v Commission for Conciliation, Mediation and Arbitration and Others (C664/2022) [2023] ZALCCT 40 (5 July 2023)

Court

Labour Court Cape Town

Case number

C664/2022

Judge

Rabkin-Naicker

The Labour Court found that the Commissioner correctly interpreted SACCAWU's constitution as covering employees associated with the distribution operations of Woolworths, even if the applicant itself does not operate a shop. The jurisdictional challenge was dismissed as the union's amended constitution includes the applicant's employees. The demarcation dispute regarding Sectoral Determination 9 was not properly before the Commissioner and cannot be determined by the Labour Court as an adjudicator of first instance. Both parties agreed that Clause 36 of the award, concerning the manner of uni…

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• Organizational Rights
• Jurisdiction Of Ccma
• Trade Union Scope
• Demarcation Dispute
• Sectoral Determination
• Review Of Arbitration Award

Furniture Bargaining Council v Kekakna N.O and Others (JR2396/2019)

Furniture Bargaining Council v Kekakna N.O and Others (JR2396/2019) [2022] ZALCJHB 344 (5 December 2022)

Court

Labour Court Johannesburg

Case number

JR2396/2019

Judge

Prinsloo

The Court found that the arbitrator committed material misdirections by accepting as common cause that the Respondent's main activity was the sale of boards and accessories, ignoring the Applicant's evidence to the contrary. The arbitrator failed to consider relevant and material evidence regarding the production department's significance, including its operational scale, staffing, and role in the business. The arbitrator also failed to resolve the dispute over the analysis of invoices and relied on unsupported percentages. Furthermore, the arbitrator considered irrelevant factors, such as th…

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• Demarcation Dispute
• Jurisdiction Of Bargaining Council
• Review Of Arbitration Award
• Labour Relations Act
• Scope Of Bargaining Council

Bargaining Council for the Civil Engineering Industry v Commission for Conciliation, Mediation and Arbitration and Others (JA 119/2021)

Bargaining Council for the Civil Engineering Industry v Commission for Conciliation, Mediation and Arbitration and Others (JA 119/2021) [2022] ZALAC 108; (2022) 43 ILJ 2702 (LAC) (8 September 2022)

Court

Labour Appeal Court

Case number

JA 119/2021

Judges

Sutherland, Kathree-Setiloane, Tokota

The Labour Appeal Court dismissed a demarcation appeal, holding that Intasol’s tailings-dam operations and hydro-mining were not civil engineering work.

• Demarcation Dispute
• Collective Bargaining
• Civil Engineering Industry Definition
• Mining Industry Exclusion
• Review Of Arbitration Award
• Demarcation-dispute

National Union of Metalworkers of South Africa v Commission for Conciliation, Mediation and Arbitration and Others (CCT 49/20)

National Union of Metalworkers of South Africa v Commission for Conciliation, Mediation and Arbitration and Others (CCT 49/20) [2021] ZACC 47; [2022] 3 BLLR 209 (CC); (2022) 43 ILJ 530 (CC); 2022 (7) BCLR 813 (CC) (10 December 2021)

Court

Constitutional Court

Case number

CCT 49/20

Judges

Khampepe ADCJ, Jafta J, Madlanga J, Majiedt J, Mhlantla J, Pillay AJ, Theron J, Tlaletsi AJ, Tshiqi J

The Constitutional Court held that the Labour Court has the power to substitute its own decision for that of a CCMA commissioner in demarcation disputes under section 145(4) of the LRA, as there is no statutory exception for demarcation awards. The Court found that the statutory process under section 62 was followed, including consultation with NEDLAC and consideration of written representations. The facts were common cause, and the Labour Court was in as good a position as the commissioner to decide the matter. The only reasonable outcome on the record was that the respondent entities should…

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• Collective Bargaining
• Demarcation Dispute
• Labour Relations Act
• Powers Of Labour Court
• Substitution Of Award
• Judicial Deference

Fidelity Security Services (Pty) Ltd v Bargaining Council for the Road Freight and Logistics Industry and Others (D1002/16)

Fidelity Security Services (Pty) Ltd v Bargaining Council for the Road Freight and Logistics Industry and Others (D1002/16) [2021] ZALCD 7; [2021] 9 BLLR 950 (LC) (30 June 2021)

Court

Labour Court Durban

Case number

D1002/16

Judge

Cele

The court found that the Commissioner properly applied the law and relevant precedents in determining that the applicant's transportation of cash for CPS constitutes the transportation of 'goods' under the Bargaining Council's Certificate of Registration. The activities performed by the applicant for CPS, including the provision of armoured vehicles, drivers, and the physical movement of cash, were separate and substantial enough to be classified as road freight operations. The security services provided were incidental to the transportation function, and the applicant and its employees engag…

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• Demarcation Dispute
• Transportation Of Goods
• Sectoral Jurisdiction
• Arbitration Review
• Collective Agreement Binding

Roossenekal Foods (Pty) Ltd v Bargaining Council for Food Retail Restaurant Catering and Allied Trades and Others (JR699 - 2018)

Roossenekal Foods (Pty) Ltd v Bargaining Council for Food Retail Restaurant Catering and Allied Trades and Others (JR699 - 2018) [2020] ZALCJHB 249 (4 December 2020)

Court

Labour Court Johannesburg

Case number

JR699 - 2018

Judge

Tlhotlhalemaje

The Labour Court dismissed a late review of a CCMA jurisdictional ruling, refusing condonation for a 14-week delay and finding no reviewable error.

• Jurisdictional Ruling
• Condonation
• Demarcation Dispute
• Collective Agreement
• Sectoral Determination
• Jurisdiction

National Union of Metalworkers of South Africa v Commission for Conciliation Mediation and Arbitration and Others (PA6/19; PR03/18 ; PR50/18)

National Union of Metalworkers of South Africa v Commission for Conciliation Mediation and Arbitration and Others (PA6/19; PR03/18 ; PR50/18) [2020] ZALAC 8; (2020) 41 ILJ 1629 (LAC) (18 February 2020)

Court

Labour Appeal Court

Case number

PA6/19

Judges

Davis, Sutherland, Murphy

The Labour Appeal Court held that the correct approach to demarcation is to interpret the scope definitions of the respective bargaining councils and apply them to the agreed facts. The evidence established that all respondent employers are predominantly or exclusively manufacturers of motor vehicle components, making them integral to the motor industry value chain. The scope definitions of MEIBC expressly exclude the motor industry, while MIBCO's scope includes manufacturing establishments fabricating motor vehicle parts, spares, accessories, or components. The court found that end-product a…

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• Demarcation Dispute
• Bargaining Council Jurisdiction
• Interpretation Of Scope
• Collective Bargaining History
• Value Chain Analysis