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South Africa Case Law

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Labour Law [2023] ZALCJHB 25

Praga Technical (Pty) Ltd v Amcu obo Members (J 177/2023)

Praga Technical (Pty) Ltd v Amcu obo Members (J 177/2023) [2023] ZALCJHB 25 (20 February 2023)

The Labour Court confirmed an interdict against strike action after finding AMCU had not complied with the collective agreement and LRA preconditions.

  • Collective Agreements
  • Strike Interdicts
  • Refusal To Bargain
  • Mediation Requirements
  • Advisory Arbitration Award
  • Strike-interdicts
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Labour Law [2015] ZALAC 46

National Union of Metal Workers of South Africa and Others v Transnet Soc Limited (JA96/2014)

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)

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.

  • Refusal To Bargain
  • Strike Protection
  • Collective Agreements
  • Advisory Arbitration Award
  • Organisational Rights
  • Refusal-to-bargain
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Labour Law [2014] ZALCJHB 282

Transnet SOC Ltd v National Union of Metalworkers of South Africa and Others (J1540/14)

Transnet SOC Ltd v National Union of Metalworkers of South Africa and Others (J1540/14) [2014] ZALCJHB 282 (29 July 2014)

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.

  • Refusal To Bargain
  • Collective Agreement Binding
  • Protected Strike
  • Advisory Arbitration Award
  • Recognition Agreement
  • Strike Interdict
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Labour Law [2005] ZALC 83

South African Transport and Allied Workers Union v Coin Reaction (D413/05)

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)

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.

  • Protected Strike
  • Referral To Ccma
  • Refusal To Bargain
  • Advisory Arbitration Award
  • Wage Dispute
  • Costs Order
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Labour Law [2005] ZALC 26

South African Transport and Allied Workers Union v Coin Reaction (LD413/05 , D413/05)

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)

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…

  • Protected Strike
  • Refusal To Bargain
  • Conciliation
  • Advisory Arbitration Award
  • Wage Dispute
  • Sectoral Determination
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South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.