South Africa Case Law

Appels v Education Labour Relations and Others (J2264/17)

Appels v Education Labour Relations and Others (J2264/17) [2017] ZALCJHB 428; (2018) 39 ILJ 816 (LC) (7 November 2017)

Court

Labour Court Johannesburg

Case number

J2264/17

Judge

A van Niekerk

The court held that the applicant is bound by the collective agreement concluded in the bargaining council, which lawfully establishes a 30-day time limit for the referral of promotion disputes, notwithstanding the 90-day period in section 191 of the LRA. Section 51(9) of the LRA empowers bargaining councils to design their own dispute resolution procedures by collective agreement, and there is no statutory requirement that such procedures must replicate the time periods in the LRA. The rationale for the shorter period is to ensure expeditious resolution of promotion disputes, which serves le…

Source excerpt

• Collective Agreements
• Promotion Disputes
• Condonation
• Jurisdiction Of Bargaining Councils
• Time Limits For Referral
• Unfair Labour Practice

Ethekwini Municipality v South African Municipality Workers Union and Others (442/2011)

Ethekwini Municipality v South African Municipality Workers Union and Others (442/2011) [2013] ZASCA 135 (27 September 2013)

Court

Supreme Court of Appeal

Case number

442/2011

Judges

Ponnan, Cachalia, Leach, Majiedt, Willis

The Supreme Court of Appeal dismissed this labour appeal as moot under section 21A, holding that the expired agreement meant no practical effect could follow.

• Collective Agreements
• Jurisdiction Of Bargaining Councils
• Practical Effect Of Orders
• Appeal Dismissal
• Costs Orders
• Mootness