Eskom Holdings Ltd v Solidarity  obo Hutchings (CA19/11) [2014] ZALAC 84 (10 December 2014) per Waglay JP [Musi and Dlodlo AJJA concurring]

On appeal the Labour Appeal Court set aside the judgment of Steenkamp J in the Labour Court.  Implementation of an early retirement scheme in terms of a management directive – trade union contending management directive a product of an agreement concluded between parties in a meeting – employer contending that no contract concluded at the meeting.  Trade union further averring management directive proof of contract and signed by representative of the employer.  Employer denying signatory had authority as early retirement had to go through proper internal process before it is capable of being implemented.  Trade union raising issue of ostensible authority and Turquand Rule.  Labour Court upholding union’s contention and ordering implementation of managment directive.  Appeal – evidence showing that proposals made at the meeting and further discussion and consultations with relevant stake holders still had to take place.  No contract concluded- union knowing that early retirement scheme an interest dispute which needed to go through internal processes before implementation- no application of the Turquand Rule.