South Africa Case Law

Mayana v Executive Mayor: Nelson Mandela Bay Metropolitan Municipality and Others - Appeal (CA09/2023)

Mayana v Executive Mayor: Nelson Mandela Bay Metropolitan Municipality and Others - Appeal (CA09/2023) [2023] ZAECMKHC 106 (19 September 2023)

Court

Eastern Cape High Court, Makhanda

Case number

CA09/2023

Judges

GH Bloem, JGA Laing, ZZ Matebese

Appeal dismissed: a municipal adviser’s contract ended for misconduct without a hearing because no contractual or binding collective-agreement right to one was proven.

• Employment Contract Termination
• Disciplinary Procedure
• Collective Agreement Binding
• Notice Period
• Authority To Terminate
• Employment-contract-termination

Fidelity Security Services (Pty) Ltd v Bargaining Council for the Road Freight and Logistics Industry and Others (D1002/16)

Fidelity Security Services (Pty) Ltd v Bargaining Council for the Road Freight and Logistics Industry and Others (D1002/16) [2021] ZALCD 7; [2021] 9 BLLR 950 (LC) (30 June 2021)

Court

Labour Court Durban

Case number

D1002/16

Judge

Cele

The court found that the Commissioner properly applied the law and relevant precedents in determining that the applicant's transportation of cash for CPS constitutes the transportation of 'goods' under the Bargaining Council's Certificate of Registration. The activities performed by the applicant for CPS, including the provision of armoured vehicles, drivers, and the physical movement of cash, were separate and substantial enough to be classified as road freight operations. The security services provided were incidental to the transportation function, and the applicant and its employees engag…

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• Demarcation Dispute
• Transportation Of Goods
• Sectoral Jurisdiction
• Arbitration Review
• Collective Agreement Binding

National Union of Mineworkers v Petra Diamond Mine Pty Ltd (Finsch Mine) (C145/14)

National Union of Mineworkers v Petra Diamond Mine Pty Ltd (Finsch Mine) (C145/14) [2019] ZALCCT 24 (23 April 2019)

Court

Labour Court Cape Town

Case number

C145/14

Judge

Rabkin-Naicker

The Labour Court dismissed NUM’s section 197 claim, finding the dispute was governed by a collective agreement and had to be pursued through bargaining or interpretation.

• Section 197 Transfer
• Collective Agreement Binding
• Jurisdiction Of Labour Court
• Interpretation Of Collective Agreement
• Section-197-transfer
• Collective-agreement

Johannesburg Metropolitan Bus Services Soc Ltd v Democratic Municipal and Allied Workers Union and Others (J1746/18)

Johannesburg Metropolitan Bus Services Soc Ltd v Democratic Municipal and Allied Workers Union and Others (J1746/18) [2018] ZALCJHB 187 (4 June 2018)

Court

Labour Court Johannesburg

Case number

J1746/18

Judge

Lagrange

The court found that Metrobus failed to demonstrate a clear right to interdict the strike. The SALGBC Main Agreement and Wage Agreement were not binding on Metrobus or DEMAWUSA members, as neither party was a signatory and the agreements had not been extended to non-parties by the Minister of Labour. The grievance procedure in the Main Agreement was therefore not binding, and the referral to conciliation was not premature. The strike demands, as modified, did not require the employer to act unlawfully or unfairly and were legitimate matters of mutual interest. The applicant also failed to com…

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• Strike Interdict
• Collective Agreement Binding
• Protected Strike
• Grievance Procedure
• Costs Award

Transnet SOC Ltd v National Union of Metalworkers of South Africa and Others (J1540/14)

Transnet SOC Ltd v National Union of Metalworkers of South Africa and Others (J1540/14) [2014] ZALCJHB 282 (29 July 2014)

Court

Labour Court Johannesburg

Case number

J1540/14

Judge

R Lagrange

The Labour Court held NUMSA’s strike over shift changes, labour brokers, and transport subsidies was unprotected for refusal to bargain and breached a collective agreement.

• Refusal To Bargain
• Collective Agreement Binding
• Protected Strike
• Advisory Arbitration Award
• Recognition Agreement
• Strike Interdict

Security Services Employees Organisation (SSEO) and Others v South African Transport and Allied Workers Union and Anothter (J510/06)

Security Services Employees Organisation (SSEO) and Others v South African Transport and Allied Workers Union and Anothter (J510/06) [2006] ZALC 50; (2006) 27 ILJ 1217 (LC) (6 April 2006)

Court

Labour Court

Case number

J510/06

Judge

Cele

The Labour Court discharged an interdict against a SATAWU-led strike, finding the union was not bound by a handwritten amendment to a bargaining agreement.

• Collective Bargaining
• Protected Strike
• Collective Agreement Binding
• Majority Union Rights
• Procedural Formalities
• Interdict Against Strike