South Africa Case Law

Coin Security Group (Pty) Ltd v Minister of Labour and Others (18/2000)

Coin Security Group (Pty) Ltd v Minister of Labour and Others (18/2000) [2001] ZASCA 78; 2001 (4) SA 285 (SCA); (2001) 22 ILJ 2399 (SCA); [2001] 11 BLLR 1193 (SCA) (1 June 2001)

Court

Supreme Court of Appeal

Case number

18/2000

Judges

Hefer, Schutz, Scott, Streicher, Farlam

The Supreme Court of Appeal held that demarcation disputes over a surviving industrial council agreement had to be decided by the Industrial Court, not the High Court.

• Demarcation Dispute
• Industrial Council Agreement
• Jurisdiction
• Transitional Arrangements
• Collective Agreement Definition
• Labour-law

Bargaining Council for the Clothing Industrial (Natal) v Confederation of Employers of Southern Africa (D136/98)

Bargaining Council for the Clothing Industrial (Natal) v Confederation of Employers of Southern Africa (D136/98) [1998] ZALC 35 (15 June 1998)

Court

Labour Court

Case number

D136/98

Judge

A A Landman

The court held that the industrial council agreement in question, promulgated under the Labour Relations Act of 1956, is not deemed to be a collective agreement under the Labour Relations Act of 1995, as item 13 of Schedule 7 expressly excludes such agreements. The Labour Appeal Court decision relied upon by the respondents was decided per incuriam, as it did not consider the relevant transitional provisions. The Labour Court's jurisdiction is strictly statutory, and neither item 12 nor any other item of Schedule 7 confers jurisdiction on the Labour Court to adjudicate disputes concerning ind…

Source excerpt

• Industrial Council Agreement
• Collective Agreement Definition
• Jurisdiction Of Labour Court
• Transitional Provisions
• Declaratory Relief