Intervalve (Pty) Ltd and Another v National Union Of Metalworkers Of South Africa obo Members (JA24/2012)
Intervalve (Pty) Ltd and Another v National Union Of Metalworkers Of South Africa obo Members (JA24/2012) [2014] ZALAC 29; (2014) 35 ILJ 3048 (LAC) (26 March 2014)
The Labour Appeal Court held that NUMSA failed to comply with the mandatory requirements of section 191 of the Labour Relations Act by not timeously referring the dispute against Intervalve and BHR for conciliation, nor showing good cause for late referral. The Labour Court Rules, including Rule 22, cannot override statutory prerequisites. Without proper conciliation, the Labour Court lacked jurisdiction to entertain the joinder application. The facts did not establish a direct and substantial interest for Intervalve and BHR in the dispute between NUMSA and Steinmüller, as a judgment against…
Source excerpt
- Joinder Of Parties
- Conciliation Requirement
- Unfair Dismissal
- Labour Court Jurisdiction
- Labour Relations Act
- Rule 22 Applications