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Appeal allowed
Organisational rights: Conflicting collective agreements
The LAC allowed the appeal from the LC judgment of S Snyman AJ dated 5 September 2013 and cited at pages 287 and 314 in Du Toit Labour Relations Law: A Comprehensive Guide 6th ed (Lexis Nexis, 2015) and set it aside. This was because LRA s20 provides that nothing in Part A of Chapter III, which must include a s18(1) threshold agreement, precludes the conclusion of a collective agreement that regulates organisational rights. This accepts that minority unions are entitled to have access to the workplace to challenge the hegemony of majority unions, at least to represent their members. Also the deduction of trade union subscriptions for a limited period was permissible.