Photocircuit SA (Pty) Ltd. v Roux NO and Another (473/89) [1991] ZASCA 11 (12 March 1991)
Court
Supreme Court of Appeal
Case number
473/89
Judges
G G Hoexter, Vivier, Milne, Kumleben, Krieger
The Appellate Division dismissed a labour-law appeal, holding the issue had already been decided in an earlier Photocircuit case and was bound by stare decisis.
Photocircuit SA (Pty) Ltd. v De Klerk NO and Others (296/89) [1990] ZASCA 158; 1991 (2) SA 11 (AD); [1991] 4 All SA 119 (AD); (1991) 12 ILJ 289 (A) (30 November 1990)
Court
Supreme Court of Appeal
Case number
296/89
Judges
Van Heerden, Milne, Eksteen, Nienaber, Preiss
The Supreme Court of Appeal held that section 23(1) of the Labour Relations Act confers jurisdiction on industrial councils over all employers within the registered area and occupation, irrespective of membership. The appellant, though not a member, was subject to the council's jurisdiction. The Minister acted within his powers under section 48(1)(b) in excluding certain provisions of the industrial agreement for non-members, resulting in a prohibition on the appellant making deductions for union dues. Compliance with the employees' request would have constituted an offence. The strike was th…