South Africa Case Law

Adams v National Bargaining Council for the Freight and Logistics Industry and Others (CA2/2019)

Adams v National Bargaining Council for the Freight and Logistics Industry and Others (CA2/2019) [2020] ZALAC 10; [2020] 9 BLLR 867 (LAC); (2020) 41 ILJ 2051 (LAC) (18 May 2020)

Court

Labour Appeal Court

Case number

CA2/2019

Judges

Davis, Sutherland, Murphy

The Labour Appeal Court held that the signature requirement on referral forms serves to prevent unauthorised referrals, but its function is satisfied where the aggrieved employee subsequently participates in the proceedings, thereby ratifying the referral. The Court found that a literalist approach to the rule is inappropriate and that the objectives of the Labour Relations Act require a pragmatic and purposive interpretation. The fact that the referral forms were signed by the attorney, rather than the employee, did not deprive the Council of jurisdiction, as the employee's conduct in partic…

Source excerpt

• Jurisdiction Of Bargaining Council
• Signature Requirement
• Ratification Of Referral
• Representation Rights
• Labour Relations Act
• Conciliation And Arbitration

Global Telematics South Africa (Pty) Ltd v Versitrade 540 (Pty) Ltd t/a Southern Transport (2192/07)

Global Telematics South Africa (Pty) Ltd v Versitrade 540 (Pty) Ltd t/a Southern Transport (2192/07) [2010] ZAECPEHC 83 (16 March 2010)

Court

Eastern Cape High Court, Port Elizabeth

Case number

2192/07

Judge

Mageza

The court held that the principal telematics agreement and order confirmation formed a valid binding contract, despite the plaintiff’s missing signature on one copy.

• Contract Formation
• Essentialia Of Contract
• Written Vs Verbal Contract
• Signature Requirement
• Breach Of Contract
• Contract-formation