Article 22/2023

What is the interpretive approach to be adopted in respect of, inter alia:

  • pre-trial minutes
  • content of the BCEA
  • strike ballot guidelines
  • protest action
  • the content of the LRA
  • a separation agreement
  • benefits
  • advisory arbitration award
  • secondary strikes, etc?

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Natal Joint Municipal Pension Fund v Endumeni Municipality 2012 (4) SA 593 (SCA) (para [18] et seq) formulates the approach to be adopted when interpreting legislation, other statutory instruments or contracts and essentially entails the following:

  • the starting point is attributing meaning to words used in the aforesaid documents
  • the language of the provisions must be read with reference to the context (reading the document as a whole), the purpose of the provision(s) and the background preparation and production of
    the document
  • obviously, consideration must be given to the language used with reference to the ordinary rules of grammar and syntax
  • where more than one meaning is possible, each meaning must be weighted with reference to the aforesaid factors and a sensible meaning is to be preferred to one that leads to insensible or unbusinesslike results or undermines the apparent purpose of the document
  • judges (and arbitrators) must be alert not to substitute what they think is reasonable, sensible or businesslike for the actual words used in the documents
  • the process of interpretation is objective and not subjective
September 2, 2025

What alternative claim(s) exist in delict to a statutory automatically unfair dismissal, a statutory constructive dismissal and a statutory unfair discrimination claim?

September 2, 2025

The scenario is as follows: in terms of a collective agreement between an employers’ organisation and various trade unions, provision is made for the accreditation of medical schemes by the relevant bargaining council, so that employees may enjoy the benefits of selecting and joining a scheme to which their employers contribute.

August 26, 2025

The labour court is afforded jurisdiction ito s77(1), read with ss77(3), of the BCEA to hear and determine any matter concerning a contract of employment, irrespective of whether a basic condition of employment constitutes a term of contract.