National Union of Metal Workers of South Africa and Others v Transnet Soc Limited (JA96/2014) [2015] ZALAC 46; (2016) 37 ILJ 638 (LAC); [2016] 1 BLLR 47 (LAC) (6 November 2015)
Court
Labour Appeal Court
Case number
JA96/2014
Judges
Tlaletsi, C J Musi, Savage
The Labour Appeal Court held that NUMSA’s strike against Transnet was a refusal-to-bargain dispute requiring an advisory arbitration award, so the strike was unprotected.
Transnet SOC Ltd v National Union of Metalworkers of South Africa and Others (J1540/14) [2014] ZALCJHB 282 (29 July 2014)
Court
Labour Court Johannesburg
Case number
J1540/14
Judge
R Lagrange
The Labour Court held NUMSA’s strike over shift changes, labour brokers, and transport subsidies was unprotected for refusal to bargain and breached a collective agreement.
South African Transport and Allied Workers Union v Coin Reaction (D413/05) [2005] ZALC 83; (2005) 26 ILJ 1507 (LC); [2005] 10 BLLR 1022 (LC) (24 June 2005)
Court
Labour Court
Case number
D413/05
Judge
Francis
The Labour Court held that a wage dispute had been properly referred to the CCMA, making the ensuing strike protected under the Labour Relations Act.
South African Transport and Allied Workers Union v Coin Reaction (LD413/05 , D413/05) [2005] ZALC 26; [2005] 10 BLLR 1022 (LC); [2005] JOL 15212 (LC) (1 January 2005)
Court
Labour Court
Case number
D 413/05
Judge
Francis
The court found that the real dispute between the parties was a wage dispute, not merely a refusal to bargain. The applicant had properly referred the dispute to the CCMA, and a certificate of outcome was issued stating the dispute remained unresolved and that the parties could strike. The requirements of section 64(1) and (2) of the Labour Relations Act were met. Even if the dispute were characterized as a refusal to bargain, the applicant's members would still be entitled to strike after the advisory award and proper notice. The strike was therefore protected, and the respondent was not ent…