South Africa Case Law

Southern Sun Hotels Interests (PTY) LTD v South African Commercial Catering and Allied Workers Union (JA136/2021)

Southern Sun Hotels Interests (PTY) LTD v South African Commercial Catering and Allied Workers Union (JA136/2021) [2022] ZALAC 120; (2023) 44 ILJ 505 (LAC) (15 November 2022)

Court

Labour Appeal Court

Case number

JA136/2021

Judges

Sutherland, Kathree-Setiloane, Tokota

The Labour Appeal Court held that Southern Sun’s lock-out was unprotected because it sought to vary wages fixed by a binding collective agreement.

• Lock Out
• Collective Agreement
• Remuneration Dispute
• Protected Strike
• Arbitration Rights
• Variation Of Contract

Autopax (Pty) Ltd v South African Transport And Allied Workers Union and Others (J2297/14)

Autopax (Pty) Ltd v South African Transport And Allied Workers Union and Others (J2297/14) [2014] ZALCJHB 374 (2 October 2014)

Court

Labour Court Johannesburg

Case number

J2297/14

Judge

Rabkin-Naicker

The court found that the dispute between the parties is not a unilateral change to terms and conditions of employment, nor a change in work practice. Instead, the substance of the dispute concerns the correct interpretation of 'normal working hours' as defined in the Main Collective Agreement. Specifically, whether periods when a steward is 'booked off' but present on the bus are included in ordinary hours. This interpretation dispute falls under section 24 of the LRA and is subject to arbitration. As such, the union and its members have the right to refer the matter to arbitration, and the s…

Source excerpt

• Unprotected Strike
• Collective Agreement Interpretation
• Section 64 Lra
• Section 24 Lra
• Unilateral Change To Terms
• Arbitration Rights

Ethekwini Municipality (Health Department) v Independent Municipal and Allied Trade Union obo Foster and Others (DA6/10)

Ethekwini Municipality (Health Department) v Independent Municipal and Allied Trade Union obo Foster and Others (DA6/10) [2011] ZALAC 28; (2012) 33 ILJ 152 (LAC) (28 October 2011)

Court

Labour Appeal Court

Case number

DA6/10

Judges

Jappie JA, Mlambo JP, Molemela AJA

The Labour Appeal Court held that “parties” in a placement policy meant the Placement Committee members, not individual employees, and upheld the dismissal of the application.

• Collective Agreements
• Placement Policy
• Interpretation Of Collective Agreements
• Arbitration Rights
• Collective Bargaining
• Grievance Procedure