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South Africa Case Law

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Labour Law [2019] ZALCD 12

Tiger Brands Limited v African Meat Industry & Allied Trade Union (AMITU) and Others (D1267/19)

Tiger Brands Limited v African Meat Industry & Allied Trade Union (AMITU) and Others (D1267/19) [2019] ZALCD 12 (25 October 2019)

The Labour Court confirmed an interdict against a union-led overtime ban, holding the concerted refusal to work overtime was an unprotected strike.

  • Unprotected Strike
  • Overtime Work
  • Collective Action
  • Labour Relations Act
  • Interdict
  • Employment Contract Terms
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Labour Law [2017] ZALCJHB 471

Unitrans Supply Chain Solutions (Pty) Ltd v Association of Mineworkers and Construction Union and Others (J651/17)

Unitrans Supply Chain Solutions (Pty) Ltd v Association of Mineworkers and Construction Union and Others (J651/17) [2017] ZALCJHB 471 (19 December 2017)

The Labour Court held that drivers’ collective refusal to help offload goods at Pick n Pay stores was unprotected strike action and confirmed an interim rule.

  • Unprotected Strike
  • Interdict
  • Collective Action
  • Strike Rules
  • Unprotected-strike
  • Labour-law
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Labour Law [2014] ZALCJHB 474

Vanchem Vanadium Products (Pty) Ltd v National Union of Metalworkers of South Africa and Another (J2184/14)

Vanchem Vanadium Products (Pty) Ltd v National Union of Metalworkers of South Africa and Another (J2184/14) [2014] ZALCJHB 474 (2 December 2014)

Labour Court held that NUMSA’s demands were not a mutual-interest dispute and that any strike in support of them would be unprotected and unlawful.

  • Unprotected Strike
  • Mutual Interest Dispute
  • Disciplinary Procedure
  • Interdict
  • Collective Action
  • Unprotected-strike
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Labour Law [2012] ZALCJHB 87

Mndebele v Xstrata South Africa (Pty) Ltd t/a Xstrata Alloys (Rustenburg Plant) (JS 960/09, JS 1017/09)

Mndebele v Xstrata South Africa (Pty) Ltd t/a Xstrata Alloys (Rustenburg Plant) (JS 960/09, JS 1017/09) [2012] ZALCJHB 87 (21 August 2012)

The court found that the applicants' refusal to attend the wellness campaign launch constituted a concerted refusal to comply with a lawful and reasonable instruction, amounting to unprotected strike action under the Labour Relations Act. The evidence supported the employer's version that the boycott was motivated by unresolved pay grievances rather than confusion over compulsory testing. The disciplinary process, though marred by disputes over notice and hearing format, afforded the applicants sufficient opportunity to present their case, and their collective refusal to participate in the he…

  • Unprotected Strike
  • Unfair Dismissal
  • Procedural Fairness
  • Substantive Fairness
  • Disciplinary Hearing
  • Collective Action
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Labour Law [1999] ZALC 108

South African Clothing and Textile Workers Union and Others v Novel Spinners (Pty) Ltd (C257/98)

South African Clothing and Textile Workers Union and Others v Novel Spinners (Pty) Ltd (C257/98) [1999] ZALC 108 (20 July 1999)

The Labour Court held that dismissals for a brief, peaceful unprotected strike were unfair, relying on the parity principle and procedural unfairness in representation.

  • Unfair Dismissal
  • Parity Principle
  • Collective Action
  • Procedural Fairness
  • Remedies For Unfair Dismissal
  • Representation In Disciplinary Hearings
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Labour Law [1995] ZASCA 109

National Union of Mine Workers and Others v Free State Consolidated Gold Mines (287/93)

National Union of Mine Workers and Others v Free State Consolidated Gold Mines (287/93) [1995] ZASCA 109; 1996 (1) SA 422 (SCA); [1995] 12 BLLR 8 (AD); (1995) 16 ILJ 1371 (A) (21 September 1995)

The court held that dismissals for participating in a stay-away were unfair labour practices because dismissal was too harsh; reinstatement was ordered.

  • Unfair Dismissal
  • Collective Action
  • Progressive Discipline
  • Industrial Action
  • Reinstatement
  • Labour Relations Act
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South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.