South African Chemical Workers' Union (SACWU) and Another v Modise (J1524/17)
South African Chemical Workers' Union (SACWU) and Another v Modise (J1524/17) [2017] ZALCJHB 265 (7 July 2017)
The Labour Court does not have jurisdiction under section 158(1)(e)(i) of the LRA to determine disputes between a union and an office bearer who is not a member. The applicants failed to provide evidence that the respondent was a member of the union in the sense required by the statute. Attempts to reconfigure the dispute by relying on the President's membership status were rejected, as the President brought the application jointly with the union and could not simultaneously represent both the union and the member party. The application was dismissed for lack of jurisdiction.
Source excerpt
- Union Constitution Interpretation
- Jurisdiction Of Labour Court
- Office Bearer Vs Member
- Section 158 1 E Lra