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South Africa decisions
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Pitja v CCMA and Others (JR2186/21) [2023] ZALCJHB 79 (16 March 2023)
The Labour Court dismissed a review of a CCMA jurisdictional ruling, holding that the Consulate enjoyed immunity under the Foreign States Immunities Act.
Macsteel Service Centres SA (Pty) Ltd v National Union of Metalworkers of South Africa (NUMSA) and Others (J1063/21) [2021] ZALCJHB 275; (2021) 42 ILJ 2628 (LC); [2021] 12 BLLR 1235 (LC) (8 September 2021)
The Court held that NUMSA and its members’ proposed strike was unprotected because section 64(2) of the LRA had not been complied with; specifically, no advisory award had been issued in the refusal to bargain dispute. The Commissioner’s jurisdictional ruling did not exhaust his statutory powers, and he was not functus officio. The Labour Court exercised its powers under section 158(1)(a)(iii) of the LRA to direct the Commissioner to perform his duties and issue an advisory award within three days. Pending compliance, the respondents were interdicted from striking. The order would lapse autom…
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National Union of Mineworkers v Wanli Stone Belfast (Pty) Ltd (JA 85/13) [2014] ZALAC 83; [2015] 3 BLLR 286 (LAC); (2015) 36 ILJ 1261 (LAC) (12 December 2014)
The Labour Appeal Court upheld dismissals after an unprotected strike, finding the dispute was a refusal to bargain and that issue estoppel could not fairly apply.
Digistics (Pty) Ltd v Couth African Transport And Allied Workers Union and Others (J1316/10) [2010] ZALCJHB 352 (4 July 2010)
The court held that the absence of a certificate of outcome from the commissioner does not render the strike unprotected, as section 64(1)(a) of the Labour Relations Act provides that the procedural requirements for protected strike action are met once 30 days have elapsed from the date of referral, regardless of whether a certificate has been issued. The court distinguished between disputes concerning organisational rights and those relating to refusal to bargain, finding that only the latter require an advisory award before a strike may be called. The demand for the inclusion of supervisors…
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Digistics (Pty) Ltd v South African Transport and Allied Workers Union and Others (J 1316/10) [2010] ZALC 290 (4 July 2010)
The Labour Court held that the strike was unprotected only insofar as it pursued inclusion of supervisors in the bargaining unit, and interdicted strike action on that issue.
National Entitled Workers Union and Others v Metal & Engineering Industries Bargaining Council (Transvaal Region) and Others (J440/01) [2001] ZALC 136; [2002] 1 BLLR 62 (LC); (2001) 22 ILJ 2689 (LC) (29 August 2001)
The Court found that the dispute referred was a single dispute concerning the employer's refusal to bargain on matters of mutual interest, based on its interpretation of the collective agreement. The refusal to issue an advisory award by the conciliator rendered him functus officio. The Labour Court, applying purposive interpretation, held that the statutory requirement for an advisory award under section 64(2) must be given effect to avoid rendering the dispute resolution mechanism unworkable. The Court ordered the Bargaining Council to appoint a new conciliator to issue an advisory award wi…
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