National Employers’ Association of South Africa v J & L Lining (Pty) Ltd and Others

The National Employers’ Association of South Africa (NEASA) sought leave to appeal against a Labour Court judgment that had dismissed its application to intervene in proceedings between its member, J & L Lining (Pty) Ltd, and the National Union of Metalworkers of South Africa (NUMSA) together with certain employees. NEASA had not participated in the proceedings on the merits, which were decided on 10 December 2018. Only after the merits were finalised and during an application for leave to appeal by the employer did NEASA apply to intervene. That intervention application was dismissed on 26 February 2019. NEASA then applied for leave to appeal against the refusal to allow its intervention.

The application for leave to appeal by NEASA against the refusal of its intervention application was dismissed. No order as to costs was made.

The judgment clarifies the limits of an employers’ organisation’s right to participate in litigation under section 200 of the LRA and confirms that intervention is not automatic but subject to judicial discretion and the interests of justice. It also affirms that intervention after the merits have been decided is generally impermissible in the Labour Court, and that such parties should instead seek participation at appellate level where appropriate.