Golden Arrow Bus Services (Pty) Ltd and Another v South African Road Passenger Bargaining Council and Others (C315/21)
Golden Arrow Bus Services (Pty) Ltd and Another v South African Road Passenger Bargaining Council and Others (C315/21) [2025] ZALCCT 23 (9 April 2025)
The Labour Court held that the exemption appeal decisions refusing GABS exemption from wage provisions under the 2018, 2020, and 2021 collective agreements were reviewable and unsustainable, as they were based on material errors of law, misconstrued the nature of unfair competition, and failed to consider relevant facts and special circumstances. The Court found that wage disparity resulting from historical compliance with collective agreements, in the context of new competitors entering the market at minimum wage, constituted unfair competition and threatened the future viability of GABS. Ex…
Source excerpt
- Collective Bargaining
- Exemption Procedure
- Unfair Competition
- Wage Disparity
- Review Under Lra
- Remedy Substitution