South Africa Case Law

Innovative Staffing Solutions (Pty) Ltd and Others v National Bargaining Council for Road Freight and Logistics Industry and Others (JA128/2023)

Innovative Staffing Solutions (Pty) Ltd and Others v National Bargaining Council for Road Freight and Logistics Industry and Others (JA128/2023) [2024] ZALAC 54; [2025] 2 BLLR 144 (LAC); (2025) 46 ILJ 336 (LAC) (12 November 2024)

Court

Labour Appeal Court

Case number

JA128/2023

Judges

Molahlehi, Savage, Van Niekerk

The Labour Appeal Court held that s 33A(4)(b) of the LRA does not bar the CCMA from appointing an arbitrator who also serves on a bargaining council panel.

• Enforcement Of Collective Agreements
• Institutional Bias
• Appointment Of Arbitrators
• Labour Relations Act
• Recusal And Review
• Bargaining Council Jurisdiction

Newrest Inflight South Africa v National Transport Movement obo Members (J 266/24)

Newrest Inflight South Africa v National Transport Movement obo Members (J 266/24) [2024] ZALCJHB 150 (18 March 2024)

Court

Labour Court Johannesburg

Case number

J 266/24

Judge

Tlhotlhalemaje

The Court found that both the applicant and NTM are parties to the Bargaining Council for the Restaurant, Catering and Allied Trades, and that the collective agreement regulating salaries, wages, and matters of mutual interest is binding on NTM and its members by virtue of Ministerial extension under section 32 of the Labour Relations Act. The issues in dispute, namely salary adjustments and wage negotiations, are regulated by the collective agreement, and any strike action over these matters is prohibited under section 65 of the LRA. The certificate of outcome issued by the BCRCAT Commission…

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• Collective Agreement Enforcement
• Protected Strike
• Urgent Interdict
• Ministerial Extension
• Bargaining Council Jurisdiction

Mthashana FET College v Education Labour Relations Council and Others (DA2/2017)

Mthashana FET College v Education Labour Relations Council and Others (DA2/2017) [2020] ZALAC 35; (2020) 41 ILJ 2594 (LAC); [2020] 11 BLLR 1116 (LAC) (14 July 2020)

Court

Labour Appeal Court

Case number

DA2/2017

Judges

Waglay, Phatshoane, Murphy

The Labour Appeal Court held that the ELRC lacked jurisdiction to arbitrate an unfair labour practice dispute involving a non-educator campus manager.

• Bargaining Council Jurisdiction
• Unfair Labour Practice
• Collective Agreements
• Scope Of Bargaining Council
• Bargaining-council-jurisdiction
• Unfair-labour-practice

National Union of Metalworkers of South Africa v Commission for Conciliation Mediation and Arbitration and Others (PA6/19; PR03/18 ; PR50/18)

National Union of Metalworkers of South Africa v Commission for Conciliation Mediation and Arbitration and Others (PA6/19; PR03/18 ; PR50/18) [2020] ZALAC 8; (2020) 41 ILJ 1629 (LAC) (18 February 2020)

Court

Labour Appeal Court

Case number

PA6/19

Judges

Davis, Sutherland, Murphy

The Labour Appeal Court held that the correct approach to demarcation is to interpret the scope definitions of the respective bargaining councils and apply them to the agreed facts. The evidence established that all respondent employers are predominantly or exclusively manufacturers of motor vehicle components, making them integral to the motor industry value chain. The scope definitions of MEIBC expressly exclude the motor industry, while MIBCO's scope includes manufacturing establishments fabricating motor vehicle parts, spares, accessories, or components. The court found that end-product a…

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• Demarcation Dispute
• Bargaining Council Jurisdiction
• Interpretation Of Scope
• Collective Bargaining History
• Value Chain Analysis

Imperial Cargo (Pty) Ltd v DETAWU and Members (J2689-17)

Imperial Cargo (Pty) Ltd v DETAWU and Members (J2689-17) [2017] ZALCJHB 389 (25 October 2017)

Court

Labour Court Johannesburg

Case number

J2689-17

Judge

B Whitcher

The Labour Court held that three strike demands were substantive issues barred by the Main Agreement, but a weekend-trip scheduling demand was a protected work-practice dispute.

• Protected Strike
• Collective Agreement Interpretation
• Substantive Vs Procedural Demands
• Bargaining Council Jurisdiction
• Strike Notice Requirements
• Protected-strike

Air Chefs (Pty) Ltd v South African Transport And Allied Workers Union and Others (J2883/13)

Air Chefs (Pty) Ltd v South African Transport And Allied Workers Union and Others (J2883/13) [2014] ZALCJHB 206; (2014) 35 ILJ 3088 (LC) (9 June 2014)

Court

Labour Court Johannesburg

Case number

J2883/13

Judge

R Lagrange

The Labour Court held that a wage-adjustment dispute tied to job grading was not a disguised general wage claim, but the strike was still unprotected under the collective agreement.

• Protected Strike
• Collective Agreement
• Job Grading
• Wage Adjustment
• Bargaining Council Jurisdiction
• Protected-strike

Henred Fruehauf (Pty) Ltd and Another v Marcus NO and Others (JR2977/07)

Henred Fruehauf (Pty) Ltd and Another v Marcus NO and Others (JR2977/07) [2014] ZALCJHB 77; (2014) 35 ILJ 3147 (LC) (18 March 2014)

Court

Labour Court Johannesburg

Case number

JR2977/07

Judge

Steenkamp

The Labour Court dismissed a review of a demarcation award on trailer and axle manufacturing, holding the CCMA commissioner’s MEIBC allocation was reasonable.

• Demarcation Dispute
• Labour Relations Act
• Bargaining Council Jurisdiction
• Review Of Arbitration Award
• Scope Of Industry
• Sidumo Test

Department of the Premier, Western Cape v Plaatjies NO and Others (C 515/2011)

Department of the Premier, Western Cape v Plaatjies NO and Others (C 515/2011) [2013] ZALCCT 8; [2013] 7 BLLR 668 (LC); (2013) 34 ILJ 2876 (LC) (11 April 2013)

Court

Labour Court Cape Town

Case number

C 515/2011

Judge

Steenkamp

The Labour Court held that a bargaining council can hear a dispute about interpreting and applying a collective agreement, but not an unfair labour practice claim based on correct implementation.

• Collective Agreement Interpretation
• Unfair Labour Practice
• Bargaining Council Jurisdiction
• Promotion And Demotion
• Condonation
• Costs In Review

PSA obo Liebenberg v Department of Defence and Others (C 938/2011)

PSA obo Liebenberg v Department of Defence and Others (C 938/2011) [2012] ZALCCT 47; (2013) 34 ILJ 1769 (LC); [2013] 8 BLLR 804 (LC) (30 November 2012)

Court

Labour Court Cape Town

Case number

C 938/2011

Judge

Steenkamp

The Labour Court held that the Bargaining Council had jurisdiction to entertain the dispute as it was properly pleaded as one concerning the application of PSCBC Resolution 7 of 2000, a binding collective agreement. The arbitrator misconstrued the nature of the enquiry and erred in finding that directives not incorporated into the resolution precluded jurisdiction. The Department's outsourcing of assessments and arguments regarding internal grievance procedures were irrelevant to the jurisdictional question. The Labour Appeal Court's decision in PSA obo De Bruyn v Minister of Safety & Securit…

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• Collective Agreement Application
• Bargaining Council Jurisdiction
• Temporary Incapacity Leave
• Section 24 Lra
• Arbitration Review

South African Municipal Workers Union v Syntell (Pty) Ltd and Others (C917/2010)

South African Municipal Workers Union v Syntell (Pty) Ltd and Others (C917/2010) [2012] ZALCCT 41; [2013] 2 BLLR 207 (LC); (2013) 34 ILJ 1263 (LC) (12 October 2012)

Court

Labour Court Cape Town

Case number

C917/2010

Judge

Rabkin-Naicker

The court held that the Commissioner was not required to grant the parties a second hearing after consulting NEDLAC and changing his initial provisional ruling. The consultation duty under section 62(9) of the LRA is owed to NEDLAC, not to the parties, who had already had the opportunity to make representations. The Commissioner was entitled to reconsider his provisional views in light of NEDLAC's input and other reflections before making the final award. The distinction between the company and a temporary employment service was correctly drawn, and the union failed to discharge the onus of p…

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• Demarcation Award
• Bargaining Council Jurisdiction
• Municipal Services Outsourcing
• Audi Alteram Partem
• Review Of Arbitration Award