
Top stories






HR & ManagementCnnect V2: Elevating employee experience with powerful new features
Cnnect 21 May 2025
More news









ESG & Sustainability
Why the future of climate change solutions hinges on Stem careers







Court's decision
In the recent case of POPCRU v Ledwaba NO & others (JR 636/2012) [2013] ZALCJHB 244 (5 September 2013) POPCRU was the majority union representing the employees of the Department of Correctional Services ("DCS"). POPCRU had concluded a threshold agreement with the DCS wherein it agreed to the minimum representivity required for obtaining organisational rights. In addition, POPCRU was a member of the Safety and Security Sectoral Bargaining Council ("SSSBC").
SACOSWU, a minority trade union approached the DCS seeking basic organisational rights. As SACOSWU had insufficient membership it wished to accrue such rights by means of a collective agreement.
Remarkably the DCS entered into a collective agreement with SACOSWU. POPCRU in turn challenged the legitimacy of the DCS decision alleging that in doing so the DCS undermined its collective agreement with POPCRU. The arbitrator before the General Public Service Sectoral Bargaining Council found in favour of SACOSWU. POPCRU elected to review the decision before the Labour Court.
In upholding POPCRU's concerns the court made, among others, the following important findings:
This case reconfirms the principle that the LRA favours a majoritarian approach to collective bargaining within the workplace. To that extent majority unions and employers can legitimately curtail and regulate the rights of minority unions to be granted organisational rights within the workplace.