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IN THE LABOUR APPEAL COURT OF SOUTH AFRICA, …
IN THE LABOUR APPEAL COURT OF SOUTH africa , JOHANNESBURG Reportable Case no: JA 15/16 In the matter between: NATIONAL UNION OF METALWORKERS OF SOUTH africa (NUMSA) obo MEMBERS Appellant and SOUTH african AIRWAYS SOC LIMITED First Respondent SAA TECHNICAL SOC LIMITED Second Respondent Heard: 13 September 2016 Delivered: 31 May 2017 Summary: Extension of a collective agreement signed by majority unions to non-parties in terms of s23(1)(d) of the LRA- principle of majoritarianism whether a settlement agreement a collective agreement capable of extension to non-parties Held a matter of mutual interest is one in which the trade union and the employer parties have a material and simultaneous interest which relates to the employment relationship and can be reduced to, or regulated by a collective agreement - issues covered in s189(2)
interdict South African Airways (SAA) and South African Technical (SOC) Ltd (SAAT), both the first and second respondents respectively, from proceeding with a large-scale retrenchment exercise pending compliance with a fair
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