South Africa Case Law

Universal Transport and Allied Workers Union v Tlhomphanang Business Enterprises t/a TNG Security Services (2024-044666)

Universal Transport and Allied Workers Union v Tlhomphanang Business Enterprises t/a TNG Security Services (2024-044666) [2025] ZAGPPHC 768 (1 August 2025)

Court

North Gauteng High Court, Pretoria

Case number

2024-044666

Judge

J Vorster

The High Court upheld an exception in part, finding the plaintiff had not pleaded the specific statutory non-compliance said to make a labour agreement void.

• Agency Shop Agreement
• Closed Shop Agreement
• Pleading Vagueness
• Undue Enrichment
• Condictio Indebiti
• Vague-and-embarrassing

South African Transport & Allied Workers Union v Servest Security (Pty) Ltd and Another (J806/21)

South African Transport & Allied Workers Union v Servest Security (Pty) Ltd and Another (J806/21) [2024] ZALCJHB 120; (2024) 45 ILJ 1308 (LC) (14 March 2024)

Court

Labour Court Johannesburg

Case number

J806/21

Judge

Botes

The court found that the closed shop agreement between KAWU and Servest Security was invalid as it imposed union membership as a precondition for the conclusion of an employment contract, constituting a prohibited pre-entry closed shop under section 26(3)(c) of the Labour Relations Act. The agreement failed to meet statutory requirements for validity and did not lawfully permit the deduction of agency fees from non-members. Servest Security was not entitled to deduct union fees from employees who had resigned from KAWU, and double deductions from SATAWU members were unlawful unless independen…

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• Closed Shop Agreement
• Pre Entry Closed Shop
• Agency Fee Deductions
• Trade Union Majoritarianism
• Collective Bargaining
• Employment Contract Conditions

New Kleinfontein Goldmine (Pty) Ltd v Association of Mineworkers and Construction Union and Others (J 1457/2023)

New Kleinfontein Goldmine (Pty) Ltd v Association of Mineworkers and Construction Union and Others (J 1457/2023) [2023] ZALCJHB 300; (2024) 45 ILJ 159 (LC) (24 October 2023)

Court

Labour Court Johannesburg

Case number

J 1457/2023

Judge

Prinsloo

The court found that the closed shop agreement between the applicant and NUM remains in force and has not been lawfully terminated in accordance with section 26(15)-(16) of the LRA. All employees in the bargaining unit, including those who hold dual membership with AMCU, are members of NUM by operation of the closed shop agreement and are bound by the collective agreements concluded between the applicant and NUM. The wage agreement contains a peace clause that expressly prohibits strike action over organisational rights. The prohibition applies to all employees subject to the agreement, regar…

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• Closed Shop Agreement
• Organisational Rights
• Peace Clause
• Strike Interdict
• Collective Agreement
• Majoritarian Principle

National Union of Mineworkers obo Members v Doornfontein Mining (Pty) Ltd (JS995/21)

National Union of Mineworkers obo Members v Doornfontein Mining (Pty) Ltd (JS995/21) [2023] ZALCJHB 283 (4 October 2023)

Court

Labour Court Johannesburg

Case number

JS995/21

Judge

M. T. M. Phehane

The Labour Court dismissed a special plea, holding the union’s claim pleaded enough facts to support an automatically unfair dismissal case under the LRA.

• Automatically Unfair Dismissal
• Closed Shop Agreement
• Section 187 Lra
• Section 26 Lra
• Section 5 Lra
• Procedural Fairness

South African Transport & Allied Workers Union v Servest Security (Pty) Ltd - A Division of Servest Group and Another (J 806/21)

South African Transport & Allied Workers Union v Servest Security (Pty) Ltd - A Division of Servest Group and Another (J 806/21) [2021] ZALCJHB 235; [2021] 12 BLLR 1252 (LC); (2022) 43 ILJ 426 (LC) (17 August 2021)

Court

Labour Court Johannesburg

Case number

J 806/21

Judge

Tlhotlhalemaje

The court found that SATAWU had established a prima facie right to urgent interim relief. Servest's undertakings to cease deductions for employees who had validly resigned from KAWU were reasonable and aligned with section 13 of the LRA. The court held that Servest could not make double deductions unless employees had not complied with the statutory resignation process. The threat of dismissal under the closed shop agreement was found to be unjustified, as section 26(7) of the LRA protects employees from dismissal for refusing to join the union at the time the agreement takes effect. The bala…

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• Closed Shop Agreement
• Union Security Arrangements
• Urgent Interdict
• Agency Fee
• Freedom Of Association

SATAWU obo Mathiso and Others v Pride Bulk Logistics (Pty) Ltd (JS769/15)

SATAWU obo Mathiso and Others v Pride Bulk Logistics (Pty) Ltd (JS769/15) [2018] ZALCJHB 200 (22 May 2018)

Court

Labour Court Johannesburg

Case number

JS769/15

Judge

Lagrange

The court found that the delay in referring the unfair dismissal claim was excessive and inadequately explained. By the end of 2016, the applicants were aware of the union's failure to act and should have taken independent steps to prosecute their claim. The applicants' continued reliance on the union was unreasonable, and their explanation for the delay was unacceptable. The principle that condonation may be refused without considering prospects of success where there is a gross failure to comply with rules was applied. Even if the merits were considered, they did not outweigh the weakness o…

Source excerpt

• Condonation
• Unfair Dismissal
• Protected Strike
• Closed Shop Agreement
• Union Negligence

Amalgamated Clothing and Textile Workers Union of South Africa v Veldspun (Pty) Ltd (97/92)

Amalgamated Clothing and Textile Workers Union of South Africa v Veldspun (Pty) Ltd (97/92) [1993] ZASCA 158; 1994 (1) SA 162 (AD); [1994] 1 All SA 453 (A); (1993) 14 ILJ 1431 (A) (30 September 1993)

Court

Supreme Court of Appeal

Case number

97/92

Judges

Corbett, Smalberger, Eksteen, Goldstone, Krieger

The court held that a submitted dispute over a closed shop included a softer form of arrangement, and the arbitrator did not exceed his powers.

• Arbitration Act 1965
• Closed Shop Agreement
• Unfair Labour Practice
• Public Policy
• Agency Shop
• Employment Act 1983