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South Africa Case Law

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Labour Law [2021] ZACC 26

Union for Police Security and Corrections Organisation v South African Custodial Management (Pty) Ltd and Others (CCT 192/20)

Union for Police Security and Corrections Organisation v South African Custodial Management (Pty) Ltd and Others (CCT 192/20) [2021] ZACC 26; 2021 (11) BCLR 1249 (CC); (2021) 42 ILJ 2371 (CC); [2021] 12 BLLR 1173 (CC) (7 September 2021)

Court
Constitutional Court
Case number
CCT 192/20
Judges
Mogoeng, Jafta, Khampepe, Madlanga, Majiedt, Mhlantla, Pillay, Theron, Tlaletsi, Tshiqi

The Constitutional Court held that the Labour Court correctly found it lacked jurisdiction to adjudicate the dispute, as it concerned the interpretation and enforcement of a collective agreement, which falls within the exclusive jurisdiction of the CCMA under section 24 of the LRA. The applicant's reliance on Fredericks was misplaced, as the Labour Court's jurisdiction is not extended by section 34 of the Constitution in these circumstances. However, the Labour Court erred in awarding costs against the applicant in the application for leave to appeal. The established principle is that costs d…

Source excerpt

  • Costs In Labour Matters
  • Collective Agreement Jurisdiction
  • Section 23 Rights
  • Section 34 Access To Courts
  • Law And Fairness Standard
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Labour Law [2009] ZAGPPHC 121

Police and Prisons Civil Rights Union v Minister of Safety and Security and Another (23157/2007)

Police and Prisons Civil Rights Union v Minister of Safety and Security and Another (23157/2007) [2009] ZAGPPHC 121; (2010) 31 ILJ 556 (GNP) (28 September 2009)

Court
North Gauteng High Court, Pretoria
Case number
23157/2007
Judge
Mavundla

The court held that student constables are not workers as envisaged in the Labour Relations Act or section 23(2) of the Constitution. The dominant feature of the contract between student constables and the South African Police Service is training, not the provision of services. Only upon successful completion of training do student constables become eligible to provide services and be considered employees. The applicant, however, does have locus standi to bring the proceedings, as its interest in recruiting student constables is inextricably linked to the interests of those potential members.…

Source excerpt

  • Definition Of Employee
  • Trade Union Membership
  • Section 23 Rights
  • Locus Standi
  • Collective Bargaining
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About this LexChat collection

South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.