South Africa Case Law

Concor Projects (Pty) Ltd t/a Concor Opencast Mining v Commission for Conciliation, Mediation and Arbitration and Others (J2773/12)

Concor Projects (Pty) Ltd t/a Concor Opencast Mining v Commission for Conciliation, Mediation and Arbitration and Others (J2773/12) [2012] ZALCJHB 190; (2013) 34 ILJ 2217 (LC) (5 February 2012)

Court

Labour Court Johannesburg

Case number

J2773/12

Judge

R Lagrange

The Labour Court held that AMCU could strike, but only after section 64(2) was complied with. The settlement was invalid for common mistake.

• Protected Strike Action
• Sectoral Determination
• Collective Agreement Binding Effect
• Refusal To Bargain
• Common Mistake In Settlement
• Advisory Arbitration

City of Matlosana v South African Local Government Bargaining Council (JR1626/08)

City of Matlosana v South African Local Government Bargaining Council (JR1626/08) [2008] ZALC 139; (2009) 30 ILJ 1293 (LC) (5 September 2008)

Court

Labour Court

Case number

JR1626/08

Judge

Pillay D

The court held that the term 'State' in section 64(1)(d) of the Labour Relations Act includes municipalities, and therefore the union was required to give seven days notice before embarking on a strike. The union's strike notice issued in May 2008 was not sufficient due to the lapse of time and changes in demands; a fresh notice was required. The court found that most of the union's demands were strikeable issues, except for the demand regarding negotiations on policies and organogram, which constituted a refusal to bargain dispute and required advisory arbitration. The application to interdi…

Source excerpt

• Strike Notice Requirements
• Definition Of State
• Refusal To Bargain
• Advisory Arbitration
• Municipal Employment
• Essential Services

Defy Appliances Limited and Another v NUMSA and Others (D645/2001)

Defy Appliances Limited and Another v NUMSA and Others (D645/2001) [2001] ZALC 98 (5 July 2001)

Court

Labour Court

Case number

D645/2001

Judge

Pillay

The Labour Court held that a Bargaining Council recommendation was not an advisory award, so section 64(2) of the LRA was not satisfied.

• Refusal To Bargain
• Advisory Arbitration
• Strike Interdict
• Procedural Compliance
• Conciliation And Arbitration
• Labour-law