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Labour Court of South Africa, Port Elizabeth

The Labour Court has the same status as a high court. The Labour Court adjudicates matters relating to labour disputes. Appeals are made to the Labour Appeal Court.

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Bird street 2, Central Port Elizabeth, Port Elizabeth, 6001

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https://www.justice.gov.za/labourcourt

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1 judgment

Citation	Judgment date
November 2018
Auto Industrial Group (Pty) Ltd and Others v CCMA N.O. and Others; MIBCO v CCMA N.O. and Others (PR 3 of 2018; PR 50 of 2018) [2018] ZALCPE 1 (21 November 2018) Commissioner wrongly treated a historic demarcation as binding; applicants fall within the Motor Industry Bargaining Council. Labour law – Demarcation under s 62 LRA – status of historic industrial tribunal determinations made under 1956 Act; not binding under the LRA. Interpretation of bargaining council scope – ordinary meaning of 'manufacturing establishments wherein are fabricated motor vehicle parts' governs. Demarcation factors – proper weight to value chain, end product and bargaining history; process-versus-product distinction Review – material error of law and unreasonable outcome justify setting aside and substitution	21 November 2018

Citation

Judgment date

November 2018

Auto Industrial Group (Pty) Ltd and Others v CCMA N.O. and Others; MIBCO v CCMA N.O. and Others (PR 3 of 2018; PR 50 of 2018) [2018] ZALCPE 1 (21 November 2018)

Commissioner wrongly treated a historic demarcation as binding; applicants fall within the Motor Industry Bargaining Council.

Labour law – Demarcation under s 62 LRA – status of historic industrial tribunal determinations made under 1956 Act; not binding under the LRA. Interpretation of bargaining council scope – ordinary meaning of 'manufacturing establishments wherein are fabricated motor vehicle parts' governs. Demarcation factors – proper weight to value chain, end product and bargaining history; process-versus-product distinction Review – material error of law and unreasonable outcome justify setting aside and substitution

21 November 2018