South Africa Case Law

Association of Mineworkers and Construction Union v UASA and Others (D 2128/18)

Association of Mineworkers and Construction Union v UASA and Others (D 2128/18) [2022] ZALCD 15; (2022) 43 ILJ 1817 (LC) (9 May 2022)

Court

Labour Court Durban

Case number

D 2128/18

Judge

Whitcher

The court held that the plain meaning of section 25 of the LRA is clear: agency shop agreements bind members of minority unions, including those who are parties to the bargaining council. There is no statutory exception for unions who are bargaining council agents. The arbitrator's award was not subject to review, as it correctly interpreted the law. The agency shop agreement complies with section 25 in wording, content, and format, and is therefore valid. The court declined to rewrite the statutory provisions under the guise of purposive interpretation, noting that any perceived unfairness s…

Source excerpt

• Agency Shop Agreement
• Collective Bargaining
• Interpretation Of Collective Agreements
• Section 25 Lra
• Arbitration Review

UASA - The Union and Another v BHP Billiton Energy Coal South Africa and Another (JS1082/09)

UASA - The Union and Another v BHP Billiton Energy Coal South Africa and Another (JS1082/09) [2013] ZALCJHB 170 (1 August 2013)

Court

Labour Court Johannesburg

Case number

JS1082/09

Judge

R Lagrange

The Labour Court allowed a postponement after applicants sought to amend pleadings to add a new factual and legal basis challenging an agency shop agreement.

• Agency Shop Agreement
• Section 25 Lra
• Workplace Definition
• Amendment Of Pleadings
• Agency-shop-agreement
• Amendment-of-pleadings