CCT40/07

[2008] ZACC 15

2009 (2) SA 204 (CC)

(2008) 29 ILJ 2461 (CC)

2009 (1) BCLR 1 (CC)

[2009] 1 BLLR 1 (CC)

Ngcobo J Majority judgment

O'Regan J dissenting judgment

18 September 2008

http://hdl.handle.net/20.500.12144/3387

Application for leave to appeal against the decision of the Supreme Court of Appeal: Tao Ying Metal Industry (Pty) Ltd v Pooe NO and Others [2007] 3 All SA 329 (SCA); [2007] 7 BLLR 583 (SCA). The case was previously heard in the Labour Appeal Court: Tao Ying Metal Industry (Pty) Ltd v Pooe NO and Others JA 1/03, Labour Appeal Court, 28 November 2005, unreported.

This application deals with labour matters. This case is largely concerned with the interpretation and enforcement of exemptions as they apply to the employer and its employees under the Labour Relations Act 66 of 1995 and the 1998 bargaining council main agreement. The issue in this case was whether the employer had been exempted from paying the minimum wages under the 1998 agreement and, if the employer was not exempted, it had to pay to its employees the minimum wages provided for under that agreement. The case dealt with questions concerning the role of commissioners of the Commission for Conciliation, Mediation and Arbitration in resolving labour disputes and that of the courts in overseeing the arbitration process. The case also dealt with the jurisdiction of commissioners to resolve labour disputes and that of the courts to review arbitral awards. The majority of the Court upheld the commissioner?s decision and concluded that the employer was not exempted from paying the minimum wages contemplated under the 1998 agreement. The minority judgment held that this Court should only hear disputes concerning the enforcement of collective bargaining agreements where they materially concern the right to engage in collective bargaining. The appeal was upheld. Majority: Ngcobo J (Langa CJ, Kroon AJ, Madala J, Mokgoro J, Skweyiya J, Van der Westhuizen J and Yacoob J concurring) Dissent: O?Regan J