South Africa Case Law

Appels v Education Labour Relations and Others (J2264/17)

Appels v Education Labour Relations and Others (J2264/17) [2017] ZALCJHB 428; (2018) 39 ILJ 816 (LC) (7 November 2017)

Court

Labour Court Johannesburg

Case number

J2264/17

Judge

A van Niekerk

The court held that the applicant is bound by the collective agreement concluded in the bargaining council, which lawfully establishes a 30-day time limit for the referral of promotion disputes, notwithstanding the 90-day period in section 191 of the LRA. Section 51(9) of the LRA empowers bargaining councils to design their own dispute resolution procedures by collective agreement, and there is no statutory requirement that such procedures must replicate the time periods in the LRA. The rationale for the shorter period is to ensure expeditious resolution of promotion disputes, which serves le…

Source excerpt

• Collective Agreements
• Promotion Disputes
• Condonation
• Jurisdiction Of Bargaining Councils
• Time Limits For Referral
• Unfair Labour Practice

City of Cape Town v South African Local Government Bargaining Council and Others (C654/2009)

City of Cape Town v South African Local Government Bargaining Council and Others (C654/2009) [2010] ZALCCT 32 (12 January 2010)

Court

Labour Court Cape Town

Case number

C654/2009

Judge

AC Basson

The Labour Court reviewed and set aside a bargaining council ruling that it had jurisdiction to arbitrate an essential services dispute.

• Essential Services Arbitration
• Refusal To Bargain
• Jurisdiction Of Bargaining Council
• Conciliation And Arbitration
• Time Limits For Referral
• Essential-services-arbitration