South Africa Case Law

National Union of Metalworkers v Commission For Conciliation (PR06/22)

National Union of Metalworkers v Commission For Conciliation (PR06/22) [2024] ZALCPE 23; [2024] 9 BLLR 991 (LC); (2024) 45 ILJ 2608 (LC) (10 June 2024)

Court

Labour Court Port Elizabeth

Case number

PR06/22

Judge

MZN Lallie

The court found that the commissioner interpreted the certificate of registration correctly by giving the words their ordinary meaning and considering both the literal and purposive context. The phrase 'one or more' in the certificate is disjunctive, allowing for either transportation or storage of goods alone to fall within the registered scope of the fifth respondent. The commissioner conducted the correct enquiry, considered the relevant facts and law, and reached a reasonable decision. The applicant failed to demonstrate any gross irregularity, misconduct, or unreasonable outcome. The del…

Source excerpt

• Demarcation Dispute
• Collective Bargaining
• Scope Of Registration
• Condonation
• Review Of Arbitration Award

Auto Industrial Group (Pty) Ltd and Others v CCMA and Others; MIBCO v CCMA and Others (PR3/18;PR50/18)

Auto Industrial Group (Pty) Ltd and Others v CCMA and Others; MIBCO v CCMA and Others (PR3/18;PR50/18) [2018] ZALCPE 41; [2019] 4 BLLR 371 (LC); (2019) 40 ILJ 550 (LC) (1 November 2018)

Court

Labour Court Port Elizabeth

Case number

PR3/18;PR50/18

Judge

Van Niekerk

The Labour Court set aside a demarcation award and held that the automotive component manufacturers fall within MIBCO’s scope, not the MEIBC.

• Bargaining Council Demarcation
• Scope Of Registration
• Error Of Law
• Collective Bargaining Structures
• Value Chain Analysis
• Bargaining-council-demarcation