South Africa Case Law

National Bargaining Council for Road Freight and Logistics Industry v Deysel N.O and Others (DA19/2023)

National Bargaining Council for Road Freight and Logistics Industry v Deysel N.O and Others (DA19/2023) [2025] ZALAC 25; (2025) 46 ILJ 1679 (LAC); [2025] 8 BLLR 790 (LAC) (7 April 2025)

Court

Labour Appeal Court

Case number

DA19/2023

Judges

Savage ADJP, Van Niekerk JA, Govindjee AJA

The Labour Appeal Court dismissed an appeal over a bargaining council’s scope, holding no material error of law and finding substantial compliance with NEDLAC consultation.

• Demarcation Dispute
• Collective Agreements
• Scope Of Bargaining Council
• Interpretation Of Registration Certificate
• Ancillary And Incidental Activities
• Consultation With Nedlac

Furniture Bargaining Council v Kekakna N.O and Others (JR2396/2019)

Furniture Bargaining Council v Kekakna N.O and Others (JR2396/2019) [2022] ZALCJHB 344 (5 December 2022)

Court

Labour Court Johannesburg

Case number

JR2396/2019

Judge

Prinsloo

The Court found that the arbitrator committed material misdirections by accepting as common cause that the Respondent's main activity was the sale of boards and accessories, ignoring the Applicant's evidence to the contrary. The arbitrator failed to consider relevant and material evidence regarding the production department's significance, including its operational scale, staffing, and role in the business. The arbitrator also failed to resolve the dispute over the analysis of invoices and relied on unsupported percentages. Furthermore, the arbitrator considered irrelevant factors, such as th…

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• Demarcation Dispute
• Jurisdiction Of Bargaining Council
• Review Of Arbitration Award
• Labour Relations Act
• Scope Of Bargaining Council

Mthashana FET College v Education Labour Relations Council and Others (DA2/2017)

Mthashana FET College v Education Labour Relations Council and Others (DA2/2017) [2020] ZALAC 35; (2020) 41 ILJ 2594 (LAC); [2020] 11 BLLR 1116 (LAC) (14 July 2020)

Court

Labour Appeal Court

Case number

DA2/2017

Judges

Waglay, Phatshoane, Murphy

The Labour Appeal Court held that the ELRC lacked jurisdiction to arbitrate an unfair labour practice dispute involving a non-educator campus manager.

• Bargaining Council Jurisdiction
• Unfair Labour Practice
• Collective Agreements
• Scope Of Bargaining Council
• Bargaining-council-jurisdiction
• Unfair-labour-practice

MEC for Health, Western Cape v Coetzee and Others (CCT137/19)

MEC for Health, Western Cape v Coetzee and Others (CCT137/19) [2020] ZACC 3; (2020) 41 ILJ 1303 (CC); 2020 (6) BCLR 674 (CC) (20 March 2020)

Court

Constitutional Court

Case number

CCT 137/19

Judges

Khampepe, Froneman, Jafta, Madlanga, Majiedt, Mathopo, Mhlantla, Theron, Tshiqi, Victor

The Constitutional Court held that the respondents, as Principal and Chief Specialists in public hospitals, were employed on the fixed establishment of the Department and thus qualified as public servants within the meaning of the Labour Relations Act and Public Service Act. The collective agreement on the scarce skills allowance was negotiated for their benefit and binds the applicant as employer and the relevant trade unions, including SAMA acting jointly with DENOSA. The applicant's arguments regarding trade union membership, employment status, and scope of the Bargaining Council were reje…

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• Collective Agreements
• Scope Of Bargaining Council
• Public Service Definition
• Scarce Skills Allowance
• Trade Union Membership
• Leave To Appeal

MEC for the Department of Health, Western Cape v Coetzee and Others (CA5/2018)

MEC for the Department of Health, Western Cape v Coetzee and Others (CA5/2018) [2019] ZALAC 48 (3 May 2019)

Court

Labour Appeal Court

Case number

CA5/2018

Judges

Coppin, Murphy, Savage

The Labour Appeal Court held that teaching-hospital specialists were within the bargaining council scope and entitled to a scarce skills allowance.

• Collective Agreement Interpretation
• Scope Of Bargaining Council
• Public Service Definition
• Scarce Skills Allowance
• Teaching Hospital Employment
• Trade Union Membership

National Bargaining Council for the Road Freight and Logistics Industry v CCMA and Others (C 855/15)

National Bargaining Council for the Road Freight and Logistics Industry v CCMA and Others (C 855/15) [2019] ZALCCT 1 (6 February 2019)

Court

Labour Court Cape Town

Case number

C 855/15

Judge

Steenkamp

The court found that the arbitrator had carefully considered the evidence, relevant jurisprudence, and demarcation principles. The company's main business is the rental of skips and V-bins, and the transportation of rubble is ancillary to this function. The property in the rubble passes to the company upon collection, and the skips remain its property. The arbitrator's conclusion that the company does not transport goods for reward and does not fall within the registered scope of the Bargaining Council was reasonable and supported by the evidence. The court held that the arbitrator's factual…

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• Demarcation Dispute
• Collective Bargaining
• Scope Of Bargaining Council
• Ancillary Business Activities

NUM and Another v Sylco Plant Hire Association and Others (C390/2016)

NUM and Another v Sylco Plant Hire Association and Others (C390/2016) [2017] ZALCCT 13; (2017) 38 ILJ 2346 (LC) (25 April 2017)

Court

Labour Court Cape Town

Case number

C390/2016

Judge

Steenkamp

The Labour Court held that the commissioner acted reasonably in limiting the scope of the dispute to plant operators hired out with equipment to the civil engineering industry, as this was consistent with the union's own concessions and the Bargaining Council's communications. The commissioner correctly applied the legal test by focusing on the association between Sylco and its employees, finding that their primary purpose was to provide a rental service across various industries, not to conduct civil engineering work. The court found that the commissioner’s interpretation of the industry def…

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• Demarcation Dispute
• Collective Bargaining
• Review Of Arbitration Award
• Costs Award
• Scope Of Bargaining Council

SBV Services (Pty) Ltd v NBCRFLI and Others (JR3103/12)

SBV Services (Pty) Ltd v NBCRFLI and Others (JR3103/12) [2015] ZALCJHB 374; (2016) 37 ILJ 708 (LC) (27 October 2015)

Court

Labour Court Johannesburg

Case number

JR3103/12

Judge

Steenkamp

Labour Court review of a CCMA demarcation ruling on whether ‘goods’ includes money in cash-in-transit work. Review dismissed.

• Demarcation Dispute
• Interpretation Of Goods
• Collective Bargaining
• Review Of Ccma Award
• Scope Of Bargaining Council
• Labour-law

National Textile Bargaining Council v De Kock NO and Others (C 431/2011)

National Textile Bargaining Council v De Kock NO and Others (C 431/2011) [2013] ZALCCT 37; (2014) 35 ILJ 1017 (LC) (18 October 2013)

Court

Labour Court Cape Town

Case number

C 431/2011

Judge

Anton Steenkamp

The Labour Court reviewed a demarcation award about whether Basic Trim CC fell under the textile or printing bargaining council, and sent the matter back to the CCMA.

• Demarcation Award
• Collective Bargaining Structures
• Scope Of Bargaining Council
• Review Of Ccma Award
• Social Policy Considerations
• Demarcation-award

National Commissioner for the South African Police Service v Mokoena and Others (JR1583/2011)

National Commissioner for the South African Police Service v Mokoena and Others (JR1583/2011) [2013] ZALCJHB 142 (18 July 2013)

Court

Labour Court Johannesburg

Case number

JR1583/2011

Judge

Cele

Labour Court review of an arbitration award on the scope of Resolution 1 of 2007. The court held SAPS legal advisors were not bound and set the award aside.

• Interpretation Of Collective Agreements
• Arbitration Review
• Condonation For Late Filing
• Occupational Specific Dispensation
• Scope Of Bargaining Council
• Arbitration-review