In summary, the LAC finds that a collective agreement concluded by a union is binding on all its members and cannot be reviewed and cancelled by a worker who is a member of the union that is a party to the collective agreement. If a worker does not act under the agreement, whether it is a transfer or another, he or she is able to terminate the employer`s employment contract. Workers should be cautious about how their unions agree and what they agree on. The unions concerned, including NUPSAW, expressed satisfaction with the methodology that provided workers with three privileged sites, only one of which was given to them; And most of the employees chose Gauteng. It was customary for not all employees to be accommodated on their preferred sites. A collective agreement has been reached with the unions. Annoyed by the labour tribunal`s findings, the Commissioner appealed to the Labour Appeal Court (LAC). The LAC found that the Commissioner`s decision was legal and legal, as she had personally reviewed the complaint and was nevertheless entitled by law to delegate her powers. It also found that Mokgatlha was bound by the collective transfer agreement. The LAC justified this decision by the fact that the collective agreement is valid within the meaning of section 213 of the LRA and is therefore binding on Mokgatlha under Section 23 (1) (b) of the LRA. In addition, the LAC found that this was a consequence of a union in which one is willing to give its rights and to entrust that union with the conclusion of advantageous agreements on its behalf.
Therefore, a collective agreement cannot be reviewed because it can be assumed that the union has been given a mandate from all its members to enter into the contract. However, the LAC raised the issue that if Mokgatlha had been a multi-party member, it could have challenged the transfer because it was not bound by the collective agreement. Voluntary Disclosure Program: The High Court sets out the provisions of the proposed Namibian Competition Bill, which seeks to introduce significant amendments. After opening the file, use the two blue ”next page” arrows in the bottom/center of the page through the document and not ”Next Image” Arrows PART 8 – Upstream Design Petroleum Resources Development Bill, 2019: Environmental Management and Closing Certificates. It is always interesting to find a case in which different legal areas conflict, relate and diverge.