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19 Indus. L.J. (Juta) 271 (1998)
CMS Support Services (Pty) Ltd v Briggs

handle is hein.journals/iljuta19 and id is 285 raw text is: CMS Support Services (Pty) Ltd v Briggs 271 Myburgh JP (1998) 19 ILJ 271 (LAC) for a union to state reasons for any demand it makes in a dispute with an employer; (2) that the judgment forces one to make a decision about what is a rights dispute (not strikable) and what is an interests dispute (strikable): issues which were deliberately not defined in the Act; and (3) that the judgment sacrifices substance for form. A I have carefully considered these criticisms, but, with respect, I think they are unfounded. To determine whether an issue is arbitrable or justi- ciable under the Act one looks at the substance, not the form, of the dispute in order to ascertain whether a right has been infringed under the Act. That does not mean that there is an obligation that the reasons B for a particular demand must initially be stated by a union, but it does mean that when the matter is referred to the commission (or other mediating body) the underlying dispute giving rise to a particular de- mand should be determined by having regard to substance and not only form. And because the Act states that strikes cannot follow on arbitrable C or justiciable disputes, it is the obligation of the Labour Courts to deter- mine what is arbitrable and justiciable, even though the drafters of the Act declined to spell out the distinction between rights and interests disputes in detail. In summary, therefore, I am not persuaded that the LAC judgment in the Ceramics matter went down the wrong path. D Appellant's Attorneys: Snyman Van den Heever Heyns Inc. Respondents' Attorneys: Bowman Gilfllan Hayman & Godfrey Inc. E CMS SUPPORT SERVICES (PTY) LTD v BRIGGS F LABOUR APPEAL COURT 12 May 1997 Before MYBURGH JP, FRONEMAN DJP and NICHOLSON JA G Employee-Creation of close corporation to reduce tax burden-Company entering into consultancy contract with close corporation-Close corporation separate juristic person distinct from sole member-Relationship between H company and member to be determined with reference to contract entered into at commencement of relationship-Member not an employee. Labour Relations Act 28 of 1956-Application-Employee-Close corporation created by sole member for purposes of reducing tax burden-Company entering into consultancy contract with close corporation-No relationship I between company and member-Member not an employee. The respondent had previously been employed by the appellant company and resigned in 1988. She established a close corporation of which she was the only member as a means of paying less income tax. The close corporation entered into a contract with the Johannesburg Stock Exchange to provide J

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