Unitrans Supply Chain Solutions (Pty) Ltd v Association of Mineworkers and Construction Union and Others (J651/17) [2017] ZALCJHB 471 (19 December 2017)
Court
Labour Court Johannesburg
Case number
J651/17
Judge
Lagrange
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.
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)
Court
Labour Court Johannesburg
Case number
JS 960/09, JS 1017/09
Judge
Lagrange
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…
South African Clothing and Textile Workers Union and Others v Novel Spinners (Pty) Ltd (C257/98) [1999] ZALC 108 (20 July 1999)
Court
Labour Court
Case number
C257/98
Judge
R M M Zondo
The Labour Court held that dismissals for a brief, peaceful unprotected strike were unfair, relying on the parity principle and procedural unfairness in representation.
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)
Court
Supreme Court of Appeal
Case number
287/93
Judges
Joubert, Hefer, Nestadt, F H Grosskopf, Scott
The court held that dismissals for participating in a stay-away were unfair labour practices because dismissal was too harsh; reinstatement was ordered.