National Union of Metalworkers of South Africa v Commission for Conciliation, Mediation and Arbitration and Others (CCT 49/20)
National Union of Metalworkers of South Africa v Commission for Conciliation, Mediation and Arbitration and Others (CCT 49/20) [2021] ZACC 47; [2022] 3 BLLR 209 (CC); (2022) 43 ILJ 530 (CC); 2022 (7) BCLR 813 (CC) (10 December 2021)
The Constitutional Court held that the Labour Court has the power to substitute its own decision for that of a CCMA commissioner in demarcation disputes under section 145(4) of the LRA, as there is no statutory exception for demarcation awards. The Court found that the statutory process under section 62 was followed, including consultation with NEDLAC and consideration of written representations. The facts were common cause, and the Labour Court was in as good a position as the commissioner to decide the matter. The only reasonable outcome on the record was that the respondent entities should…
Source excerpt
- Collective Bargaining
- Demarcation Dispute
- Labour Relations Act
- Powers Of Labour Court
- Substitution Of Award
- Judicial Deference