South Africa Case Law

National Union of Metalworkers of South Africa v Commission for Conciliation Mediation and Arbitration and Others (PA6/19; PR03/18 ; PR50/18)

National Union of Metalworkers of South Africa v Commission for Conciliation Mediation and Arbitration and Others (PA6/19; PR03/18 ; PR50/18) [2020] ZALAC 8; (2020) 41 ILJ 1629 (LAC) (18 February 2020)

Court

Labour Appeal Court

Case number

PA6/19

Judges

Davis, Sutherland, Murphy

The Labour Appeal Court held that the correct approach to demarcation is to interpret the scope definitions of the respective bargaining councils and apply them to the agreed facts. The evidence established that all respondent employers are predominantly or exclusively manufacturers of motor vehicle components, making them integral to the motor industry value chain. The scope definitions of MEIBC expressly exclude the motor industry, while MIBCO's scope includes manufacturing establishments fabricating motor vehicle parts, spares, accessories, or components. The court found that end-product a…

Source excerpt

• Demarcation Dispute
• Bargaining Council Jurisdiction
• Interpretation Of Scope
• Collective Bargaining History
• Value Chain Analysis

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