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South Africa Case Law

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Labour Law [2007] ZASCA 48

Registrar of Pension Funds and Another v Angus NO and Others (677/05)

Registrar of Pension Funds and Another v Angus NO and Others (677/05) [2007] ZASCA 48; [2007] 2 All SA 608 (SCA); 2007 (5) SA 1 (SCA); (2007) 28 ILJ 1695 (SCA) (30 March 2007)

Court
Supreme Court of Appeal
Case number
677/05
Judges
Howie, Brand, Heher, Ponnan, Musi

The majority held that the EIPF and MIPF were established pursuant to and thus 'in terms of' the industrial council agreements published under section 48 of the Industrial Conciliation Act. The court found that the agreements provided for the establishment, membership, contribution collection, and administration of the funds, and that the funds' creation was a direct result of collective bargaining within the industry. The legislative context and purpose indicated that Parliament intended to exempt such industry funds from the regulatory regime of the Pension Funds Act, allowing them to opera…

Source excerpt

  • Pension Funds Act
  • Industrial Council Agreements
  • Collective Bargaining
  • Statutory Exemption
  • Interpretation Of Statutes
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Labour Law [1994] ZASCA 143

Genrec Mei (Pty) Ltd v Industrial Council for the Iron, Steel, Engineering, Metallurgical Industry and Others (202/93)

Genrec Mei (Pty) Ltd v Industrial Council for the Iron, Steel, Engineering, Metallurgical Industry and Others (202/93) [1994] ZASCA 143; 1995 (1) SA 563 (AD); [1995] 4 BLLR 1 (AD) ; [1995] 1 All SA 501 (A); (1995) 16 ILJ 51 (A) (30 September 1994)

Court
Supreme Court of Appeal
Case number
202/93
Judges
Corbett, Van Heerden, EM Grosskopf, Kumleben, Nienaber

The Supreme Court of Appeal held that the Labour Relations Act 28 of 1956 and the main agreement did not apply to the employment of the respondents on the Mossgas platform, as the platform was situated outside South African territorial waters and thus outside the jurisdiction of the Industrial Council. The employment contracts were for a limited duration and pertained solely to work on the platform, which constituted a separate undertaking from the appellant's Durban business. The court further found that the 1991 amendments to the Labour Relations Act did not have retrospective effect and co…

Source excerpt

  • Territorial Jurisdiction
  • Application Of Labour Relations Act
  • Retrospective Application
  • Industrial Council Agreements
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About this LexChat collection

South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.