South Africa Case Law

UIS Analytical Services (Pty) Ltd v Independent Democratic Union of South Africa and Others (2024/133083)

UIS Analytical Services (Pty) Ltd v Independent Democratic Union of South Africa and Others (2024/133083) [2024] ZALCJHB 450; [2025] 2 BLLR 207 (LC); (2025) 46 ILJ 642 (LC) (20 November 2024)

Court

Labour Court Johannesburg

Case number

2024/133083

Judge

S Snyman

The Labour Court dismissed an urgent interdict against a planned strike over 13th-cheque demands, holding the dispute was unregulated and the strike protected.

• Strike Interdict
• Collective Bargaining
• Interpretation Of Collective Agreements
• Unfair Labour Practice
• Benefits Dispute
• Prima Facie Right

Jeftha v Public Health and Social Development Sectoral Bargaining Council and Others (C147/2022)

Jeftha v Public Health and Social Development Sectoral Bargaining Council and Others (C147/2022) [2024] ZALCCT 42 (6 September 2024)

Court

Labour Court Cape Town

Case number

C147/2022

Judge

De Wet

The Labour Court set aside a jurisdictional ruling in a benefits dispute and remitted the unfair labour practice matter for fresh arbitration before a different arbitrator.

• Unfair Labour Practice
• Benefits Dispute
• Jurisdictional Ruling
• Remuneration Package
• Pension Fund Contributions
• Unfair-labour-practice

Masilonyana Local Municipality v SAMWU obo Mutsi and Others (JR899/2020)

Masilonyana Local Municipality v SAMWU obo Mutsi and Others (JR899/2020) [2022] ZALCJHB 215 (8 August 2022)

Court

Labour Court Johannesburg

Case number

JR899/2020

Judge

Schensema

Labour Court review of an arbitration award on an alleged unfair labour practice about a R10,000 monthly allowance. The award was set aside for lack of proof of the agreement.

• Unfair Labour Practice
• Review Of Arbitration Award
• Onus Of Proof
• Benefits Dispute
• Review-of-arbitration-award
• Unfair-labour-practice

Moodley v South African Police Services (D134/20)

Moodley v South African Police Services (D134/20) [2022] ZALCD 17 (3 June 2022)

Court

Labour Court Durban

Case number

D134/20

Judge

Whitcher

The Labour Court dismissed a contempt application and held that disputes about the applicant’s promotion and pension had to be pursued as unfair labour practice disputes.

• Unfair Labour Practice
• Promotion Dispute
• Collective Agreement Interpretation
• Contempt Of Court
• Benefits Dispute
• Contempt-of-court

Minister of Water and Sanitation v Ravhura and Others (JR2367/2018)

Minister of Water and Sanitation v Ravhura and Others (JR2367/2018) [2021] ZALCJHB 388 (19 October 2021)

Court

Labour Court Johannesburg

Case number

JR2367/2018

Judge

Prinsloo

The Labour Court reviewed and set aside an arbitration award that ordered salary upgrades, holding the dispute was not a benefits unfair labour practice.

• Unfair Labour Practice
• Salary Upgrading
• Job Evaluation
• Benefits Dispute
• Onus Of Proof
• Unfair-labour-practice

Office of the Premier: Limpopo Provincial Government v Phooko NO and Others (JR2267/15)

Office of the Premier: Limpopo Provincial Government v Phooko NO and Others (JR2267/15) [2021] ZALCJHB 106 (26 May 2021)

Court

Labour Court Johannesburg

Case number

JR2267/15

Judge

G N Moshoana

The Labour Court reviewed an arbitration award on an unfair labour practice claim, holding the true dispute was interpretation of a collective agreement.

• Unfair Labour Practice
• Collective Agreement Interpretation
• Benefits Dispute
• Condonation
• Occupational Specific Dispensation
• Unfair-labour-practice

Department of Education: Limpopo Province v Molepo and Others (JR 1012/18)

Department of Education: Limpopo Province v Molepo and Others (JR 1012/18) [2018] ZALCJHB 412 (29 November 2018)

Court

Labour Court Johannesburg

Case number

JR 1012/18

Judge

Moshoana

The court held that the arbitration award was issued without a proper arbitration process, as no oral evidence was led and no stated case was agreed upon. This procedural irregularity rendered the award a nullity and susceptible to review. The court emphasized that disputes involving unfair labour practices require either oral evidence or a stated case to enable the arbitrator to make a proper determination. The absence of both in this matter meant that the third respondent failed to arbitrate the dispute as required by law. Consequently, the award was set aside and the dispute remitted for p…

Source excerpt

• Unfair Labour Practice
• Arbitration Procedure
• Benefits Dispute
• Stated Case Requirement

NEHAWU obo Smith v Public Health and Social Development Sectoral Bargaining Council and Others (C61/2017)

NEHAWU obo Smith v Public Health and Social Development Sectoral Bargaining Council and Others (C61/2017) [2018] ZALCCT 26 (1 August 2018)

Court

Labour Court Cape Town

Case number

C61/2017

Judge

Prinsloo

The Labour Court dismissed a review of a condonation ruling after finding the delay in referring an unfair labour practice dispute was inadequately explained.

• Condonation
• Unfair Labour Practice
• Benefits Dispute
• Prospects Of Success
• Delay Explanation
• Unfair-labour-practice

Makhoba v Commission for Conciliation, Mediation and Arbitration and Others (JR1820/12)

Makhoba v Commission for Conciliation, Mediation and Arbitration and Others (JR1820/12) [2017] ZALCJHB 390 (25 October 2017)

Court

Labour Court Johannesburg

Case number

JR1820/12

Judge

A Goldberg

The court found that the applicant failed to provide a sufficient explanation for the late filing of both the review application and the record, and did not comply with the Practice Manual requirements. The applicant did not follow the prescribed procedures for claiming the benefit, including completing the necessary forms before selling his property. The benefit was discretionary and not guaranteed, and no legitimate expectation was created by the third respondent. The applicant's grounds for review lacked merit and were not supported by the evidence. The review application was deemed withdr…

Source excerpt

• Unfair Labour Practice
• Condonation
• Review Of Arbitration Award
• Practice Manual Compliance
• Benefits Dispute

Public Service Association of South Africa obo Members v MEC for Agricultural and Rural Development (North West Province) (JR634/13)

Public Service Association of South Africa obo Members v MEC for Agricultural and Rural Development (North West Province) (JR634/13) [2017] ZALCJHB 480 (12 October 2017)

Court

Labour Court Johannesburg

Case number

JR634/13

Judge

S Snyman

The court held that the dispute raised by the applicants regarding the application of the PMDS policy and payment of performance bonuses is, at its core, an unfair labour practice relating to benefits as defined under Section 186(2)(b) of the LRA. The applicants attempted to re-label the dispute as a legality review under Section 158(1)(h), but the court found this inappropriate. The Labour Court has jurisdiction to review such decisions, but should only exercise this power in exceptional circumstances where no alternative remedy exists. In this case, the applicants failed to demonstrate any…

Source excerpt

• Unfair Labour Practice
• Performance Management And Development System
• Benefits Dispute
• Section 158 1 H Review
• Forum Shopping
• Collective Agreement Interpretation