South Africa Case Law

Chemical, Energy, Paper, Printing, Wood And Allied Workers Union v Lion Match Products (Pty) Ltd (J2212/14)

Chemical, Energy, Paper, Printing, Wood And Allied Workers Union v Lion Match Products (Pty) Ltd (J2212/14) [2014] ZALCJHB 406 (13 October 2014)

Court

Labour Court Johannesburg

Case number

J2212/14

Judge

Van Niekerk

The Labour Court held that the employer’s lockout was unprotected because a collective agreement already regulated the wage dispute and bound the employer.

• Collective Agreements
• Protected Lockout
• Bargaining Council
• Strike And Lockout Limitations
• Section 23 Lra
• Section 65 Lra

Transport and Allied Workers Union of South Africa obo Members v Algoa Bus Company (Pty) Ltd and Putco Ltd (J835/13; J 837/13)

Transport and Allied Workers Union of South Africa obo Members v Algoa Bus Company (Pty) Ltd and Putco Ltd (J835/13; J 837/13) [2013] ZALCJHB 187; [2013] 8 BLLR 823 (LC); (2013) 34 ILJ 2949 (LC) (3 May 2013)

Court

Labour Court Johannesburg

Case number

J835/13; J 837/13

Judge

Moshoana

Labour Court held that a lockout cannot lawfully target employees who were not on strike and had tendered services; interdict granted.

• Lockout
• Protected Strike
• Collective Bargaining
• Interdict
• Labour Relations Act
• Bargaining Council

Van Wyk v Fibrewound (Pty) Ltd (D117/2000)

Van Wyk v Fibrewound (Pty) Ltd (D117/2000) [2001] ZALC 27 (20 February 2001)

Court

Labour Court

Case number

D117/2000

Judge

Pillay

The Labour Court held that the issuance of a valid certificate of non-resolution by the CCMA is sufficient to meet the jurisdictional requirements for referral to the Labour Court, regardless of whether the dispute should have been conciliated by a bargaining council. The Court found that sections 147(2) and (3) of the LRA grant the CCMA discretion to accept or refer disputes, and this discretion is not limited by section 191(1). The Court further noted that both parties participated in the conciliation without objection, and that the CCMA's policy is to resolve disputes substantively rather…

Source excerpt

• Ccma Jurisdiction
• Bargaining Council
• Unfair Dismissal
• Point In Limine
• Conciliation Certificate