National Union of Textile Workers v President of the Industrial Court and Others

• Jurisdiction: South Africa
• Judge: Vos J and Berman J
• Judgment Date: 14 February 1985
• Citation: 1985 (3) SA 251 (C)
• Hearing Date: 22 October 1984
• Court: Cape Provincial Division

Vos J:

1.

There is an industrial council agreement prohibiting the deduction from wages of subscriptions by Table Bay Spinners (Pty) Ltd, but exemption may be sought. Applicant, ie the National Union of Textile Workers, applied under s 51 (3) of the Labour Relations Act 28 of 1956 to the industrial D council, ie third respondent, for an exemption from that agreement so as to enable Table Bay Spinners (Pty) Ltd to deduct union dues from the remuneration payable to its employees who are members of applicant from time to time.

2.

The industrial council, ie third respondent, refused the application. Applicant then appealed to the industrial court which in turn dismissed the appeal. Dissatisfied and E undaunted, applicant applied to the Supreme Court for a review of the decision of the industrial court.

3.

Applicant accordingly seeks an order:

"(i)

Setting aside the decision of the industrial court; and

(ii)

Substituting for such decision an order that:

(aa)

the decision of the industrial F council referred to above should be set aside, and

(bb)

it should be authorized and declared to be lawful for Table Bay Spinners (Pty) Ltd to deduct such union subscriptions in favour of the applicant from remuneration of its employees who have signed G stop order authorizations for such deductions as may be owing by them from time to time in terms of the constitution of the applicant."

4.

The appeal was under s 51 (6) of the Act, and the industrial court had to take its decision in terms of s 51 H (1) as did the industrial council. Section 51 (1) reads:

"(1)

Whenever application is made in the prescribed form and manner for the exemption of any person or class of persons from all or any of the provisions of an agreement entered into by the parties to a conciliation board which is binding in terms of this Act or from all or any of the provisions of an award I and the Minister is of opinion that:

(a)

the terms and conditions of employment of such person or class of persons are substantially not less favourable to him or them than the terms and conditions of employment prescribed by that agreement or award; or

(b)

such person suffers from a physical disability such as old age or chronic sickness or infirmity and is capable of doing only part of the work required of an J able-bodied person; or

Vos J

(c)

A special circumstances exist which justify, in the interests of such person or class of persons, an exemption of that person or class of persons under this section,

he may, if he deems it expedient to do so, grant exemption from all or any of the provisions of the agreement or award concerned to or in respect of that person or class...