South Africa Case Law

SAMWU obo 157 Members v Piotrans (Pty) Ltd and Others (JR1161/21)

SAMWU obo 157 Members v Piotrans (Pty) Ltd and Others (JR1161/21) [2025] ZALCJHB 33 (28 January 2025)

Court

Labour Court Johannesburg

Case number

JR1161/21

Judge

M S Mphahlele

The court found that SAMWU failed to provide sufficient proof of authority to act on behalf of all 157 dismissed employees, particularly those who are deceased. Without substitution of deceased employees by their executors, SAMWU lacks locus standi to represent them. The review application cannot proceed as constituted. The court exercised its discretion to postpone the matter sine die to prevent injustice to the deceased estates, as executors must be given an opportunity to decide whether to pursue the claims. The applicants are ordered to pay the costs occasioned by the postponement and to…

Source excerpt

• Locus Standi
• Substitution Of Parties
• Unfair Dismissal
• Review Of Arbitration Award
• Authority Of Union
• Costs Postponement

Shitridge v Metal and Engineering Industries Bargaining Council and Others (JR1551/2006)

Shitridge v Metal and Engineering Industries Bargaining Council and Others (JR1551/2006) [2007] ZALCJHB 7 (15 June 2007)

Court

Labour Court Johannesburg

Case number

JR1551/2006

Judge

Ngalwana AJ

The Labour Court dismissed a review of a settlement agreement, holding that section 145 of the Labour Relations Act does not apply to unmade arbitration awards.

• Review Of Settlement Agreement
• Authority Of Union
• Joinder Of Parties
• Condonation
• Section 145 Lra
• Labour-law