South Africa Case Law

Golden Arrow Bus Services (Pty) Ltd and Another v South African Road Passenger Bargaining Council and Others (C315/21)

Golden Arrow Bus Services (Pty) Ltd and Another v South African Road Passenger Bargaining Council and Others (C315/21) [2025] ZALCCT 23 (9 April 2025)

Court

Labour Court Cape Town

Case number

C315/21

Judge

S Snyman

The Labour Court held that the exemption appeal decisions refusing GABS exemption from wage provisions under the 2018, 2020, and 2021 collective agreements were reviewable and unsustainable, as they were based on material errors of law, misconstrued the nature of unfair competition, and failed to consider relevant facts and special circumstances. The Court found that wage disparity resulting from historical compliance with collective agreements, in the context of new competitors entering the market at minimum wage, constituted unfair competition and threatened the future viability of GABS. Ex…

Source excerpt

• Collective Bargaining
• Exemption Procedure
• Unfair Competition
• Wage Disparity
• Review Under Lra
• Remedy Substitution

Golden Arrow Bus Service (Pty) v South African Road Passenger Bargaining Council and Others (CA 4/2020)

Golden Arrow Bus Service (Pty) v South African Road Passenger Bargaining Council and Others (CA 4/2020) [2021] ZALAC 20; (2021) 42 ILJ 1446 (LAC) (14 May 2021)

Court

Labour Appeal Court

Case number

CA 4/2020

Judges

Davis JA, Coppin JA, Savage AJA

The Labour Appeal Court held that the Labour Court had jurisdiction to review the exemption appeal ruling under s 158(1)(g) of the Labour Relations Act, as exemption procedures are mandated by the Act and subject to judicial supervision. The exemption appeal authority unduly restricted its inquiry to financial hardship and unintended consequences, failing to consider all relevant factors required by clause 13 of the collective agreement, including the interests of the industry in relation to unfair competition and economic stability. The authority's narrow approach constituted a gross irregul…

Source excerpt

• Collective Bargaining
• Exemption Procedure
• Ultra Vires
• Review Jurisdiction
• Unfair Competition

Kem-Lin Fashions CC v Brunton and Another (DA1015/99)

Kem-Lin Fashions CC v Brunton and Another (DA1015/99) [2000] ZALAC 25; [2001] 1 BLLR 25 (LAC); (2001) 22 ILJ 109 (LAC) (16 November 2000)

Court

Labour Appeal Court

Case number

DA1015/99

Judges

RMM Zondo, M.T.R. Mogoeng, M. Joffe

The Labour Appeal Court held that an extended collective agreement binds non-parties and must be enforced through the agreement’s own procedure, not section 63 of the LRA.

• Extension Of Collective Agreements
• Enforcement Procedure
• Bargaining Council Powers
• Accreditation Requirement
• Natural Justice
• Exemption Procedure