South Africa Case Law

Argent Steel Group t/a Sentech Industries v Motor Industry Bargaining Council and Others (PR150/14)

Argent Steel Group t/a Sentech Industries v Motor Industry Bargaining Council and Others (PR150/14) [2018] ZALCPE 2 (30 January 2018)

Court

Labour Court Port Elizabeth

Case number

PR150/14

Judge

Lagrange

The Labour Court dismissed Argent Steel Group’s condonation and review applications over delay, inadequate consultation, and incoherent financial motivation for wage exemption.

• Exemption From Collective Agreement
• Condonation
• Practice Manual Time Limits
• Consultation Requirements
• Review Of Administrative Action
• Labour-law

Cape Manufacturing Engineers (Pty) Limited v Metal and Engineering Industries Bargaining Council (C 662/2002)

Cape Manufacturing Engineers (Pty) Limited v Metal and Engineering Industries Bargaining Council (C 662/2002) [2003] ZALC 75 (27 June 2003)

Court

Labour Court

Case number

C 662/2002

Judge

K S Tip

The Labour Court reviewed and set aside an appeal-board decision on a collective-agreement exemption, finding procedural unfairness and irrational reliance on extra information.

• Exemption From Collective Agreement
• Audi Alteram Partem
• Review Of Administrative Action
• Main Agreement Interpretation
• Labour-law
• Administrative-law

Ncungama and Others v Bargaining Council for the Liquor, Caters and Accomodation Traders, South Coast, Kwazulu-Natal and Another (D608/2001)

Ncungama and Others v Bargaining Council for the Liquor, Caters and Accomodation Traders, South Coast, Kwazulu-Natal and Another (D608/2001) [2002] ZALC 37; [2002] 8 BLLR 766 (LC) (18 April 2002)

Court

Labour Court

Case number

D608/2001

Judge

Pillay

The Council's refusal to grant the applicants exemption from its Provident Fund Collective Agreement was procedurally unfair and substantively irrational. The Council failed to comply with the procedural requirements of Clause 14 by not providing written comments to the applicants, thereby denying them an opportunity to respond. The criterion for exemption, based on comparative benefits, was reasonable, but the Council misapplied it by disregarding evidence that the Hospitality Industry Provident Fund offered superior withdrawal benefits, which were material to the applicants' interests given…

Source excerpt

• Collective Bargaining
• Exemption From Collective Agreement
• Procedural Fairness
• Review Of Administrative Action
• Freedom Of Association