South Africa Case Law

Parsons Transport Operations (Pty) Ltd v Mkansi and Others (JR2295/23)

Parsons Transport Operations (Pty) Ltd v Mkansi and Others (JR2295/23) [2025] ZALCJHB 71 (27 February 2025)

Court

Labour Court Johannesburg

Case number

JR2295/23

Judge

Milo

The Labour Court cannot determine the merits of a review application where the record of the arbitration proceedings is missing and material to the issues raised. The applicant has not taken all reasonable steps to obtain or reconstruct the record, but has made some attempts. Given the absence of opposition, lack of excessive delay, and the interests of justice, the appropriate course is to postpone the application sine die to allow the applicant further opportunity to address the missing record. Dismissal at this stage would be inappropriate as it may unjustly saddle the applicant with an ar…

Source excerpt

• Review Of Arbitration Award
• Record Of Proceedings
• Gross Irregularity
• Collective Agreement Compliance
• Postponement Of Application

Arcelormittal South Africa v National Union of Metal Workers of South Africa and Others (2024/130792)

Arcelormittal South Africa v National Union of Metal Workers of South Africa and Others (2024/130792) [2024] ZALCJHB 449; [2025] 2 BLLR 195 (LC); (2025) 46 ILJ 595 (LC) (15 November 2024)

Court

Labour Court Johannesburg

Case number

2024/130792

Judge

M Makhura

The Labour Court held that NUMSA’s post-retrenchment strike was protected under section 189A(7) and section 64 of the LRA, and dismissed the interdict application.

• Protected Strike
• Collective Agreement Compliance
• Large Scale Retrenchment
• Section 189a Lra
• Interdict Proceedings
• Protected-strike

DSV Road Logistics (Pty) Ltd v National Bargaining Council for the Road Freight and Logistics Industry and Others (JR1023/23)

DSV Road Logistics (Pty) Ltd v National Bargaining Council for the Road Freight and Logistics Industry and Others (JR1023/23) [2024] ZALCJHB 192 (6 May 2024)

Court

Labour Court Johannesburg

Case number

JR1023/23

Judge

RN Daniels

The Labour Court refused condonation for a late review of an enforcement award, finding the delay poorly explained and the prospects of success negligible.

• Condonation
• Enforcement Award
• Joinder
• Collective Agreement Compliance
• Temporary Employment Service
• Labour-relations-act

National Bargaining Council For the Road Freight And Logistics Industry v Bloch N.O and Others (JR 1662/20)

National Bargaining Council For the Road Freight And Logistics Industry v Bloch N.O and Others (JR 1662/20) [2024] ZALCJHB 22; (2024) 45 ILJ 1015 (LC) (26 January 2024)

Court

Labour Court Johannesburg

Case number

JR 1662/20

Judge

S Snyman

The Labour Court granted condonation, but dismissed a review of an arbitration award upholding an incentive scheme under a bargaining council agreement.

• Collective Agreement Compliance
• Incentive Scheme
• Substantial Compliance
• Arbitration Review
• Condonation
• Enforcement Of Awards

Independent Municipal & Allied Trade Union obo Silver & 3 Others v The Dawid Kruiper Local Municipality and Others (J 4023/2018)

Independent Municipal & Allied Trade Union obo Silver & 3 Others v The Dawid Kruiper Local Municipality and Others (J 4023/2018) [2022] ZALCJHB 239 (26 August 2022)

Court

Labour Court Johannesburg

Case number

J 4023/2018

Judge

Van Niekerk

The court found that the municipality's promotion and appointment of certain respondents was unlawful due to non-compliance with prescribed procedures, including failure to advertise, shortlist, and conduct interviews. Given the municipality's concession and the absence of wrongdoing by the incumbents, the court determined that the appointments should be set aside. However, the court tempered the remedy by ordering that the affected individuals are not required to repay any remuneration or benefits received during their tenure, as they were not privy to the irregular conduct. The court furthe…

Source excerpt

• Unlawful Appointment
• Promotion Procedure
• Collective Agreement Compliance
• Just And Equitable Remedy

South African Municipal Workers Union and Others v Amathole District Municipality and Others (P39/22; PR42/2022)

South African Municipal Workers Union and Others v Amathole District Municipality and Others (P39/22; PR42/2022) [2022] ZALCPE 10 (24 June 2022)

Court

Labour Court Port Elizabeth

Case number

P39/22; PR42/2022

Judge

Z Lallie

The Labour Court struck an urgent application and related review off the roll for lack of urgency, finding the delay and attorney unavailability unconvincing.

• Protected Strike
• Urgency In Applications
• Disciplinary Proceedings
• Interdict
• Collective Agreement Compliance
• Urgency-in-applications

Umhlathuze Municipality v South African Municipal Workers Union obo Hlalatu and Others (D175/15)

Umhlathuze Municipality v South African Municipal Workers Union obo Hlalatu and Others (D175/15) [2020] ZALCD 5 (14 July 2020)

Court

Labour Court Durban

Case number

D175/15

Judge

D H Gush

The Labour Court dismissed a review application after finding the municipality recharged an employee outside the collective agreement’s three-month limit without condonation.

• Collective Agreement Compliance
• Disciplinary Procedure
• Condonation
• Jurisdiction Of Arbitrator
• Collective-agreement-compliance
• Disciplinary-procedure

IMATU obo Shihambi and Others v City of Ekurhuleni Metropolitan Municipality and Others (J1832/18)

IMATU obo Shihambi and Others v City of Ekurhuleni Metropolitan Municipality and Others (J1832/18) [2018] ZALCJHB 239 (6 June 2018)

Court

Labour Court Johannesburg

Case number

J1832/18

Judge

Van Niekerk

The court found that the respondents failed to comply with the substantive and procedural requirements of the disciplinary procedure collective agreement. The information provided to the employees was insufficient for them to make meaningful representations, and there was no prima facie evidence of serious misconduct. The official who issued the suspension notices lacked authority under the agreement. The applicants did not have an alternative remedy, as the bargaining council only has jurisdiction over unfair labour practices, not the lawfulness of suspensions. Consequently, the suspensions…

Source excerpt

• Precautionary Suspension
• Collective Agreement Compliance
• Unlawful Suspension
• Disciplinary Procedure
• Balance Of Convenience

NUMSA obo Members v Hitachi Construction Machinery SA (Pty) Ltd (J390/16)

NUMSA obo Members v Hitachi Construction Machinery SA (Pty) Ltd (J390/16) [2018] ZALCJHB 105 (12 March 2018)

Court

Labour Court Johannesburg

Case number

J390/16

Judge

Moshoana

The Labour Court made an arbitration award an order of court after finding no proof that the respondent had complied with the award.

• Section 158 1 C Application
• Arbitration Award Enforcement
• Collective Agreement Compliance
• Costs Award
• Labour-law
• Arbitration-award-enforcement

Solidarity obo Gerber v South African Police Service and Others (C381/17)

Solidarity obo Gerber v South African Police Service and Others (C381/17) [2017] ZALCCT 36 (11 August 2017)

Court

Labour Court Cape Town

Case number

C381/17

Judge

A J Steenkamp

The court found that SAPS failed to comply with the mandatory procedures set out in SSSBC Agreement 5 of 1999 and National Instruction 5 of 2015. Sgt Gerber made representations against his transfer, which SAPS ignored, and SAPS did not provide reasons for rejecting those representations. The transfer to a position requiring him to carry a firearm was unlawful, given his medical unfitness and PTSD diagnosis. The applicant established a clear right to have his representations considered, a reasonable apprehension of injury, and no adequate alternative remedy. The court held that the decision t…

Source excerpt

• Unlawful Transfer
• Collective Agreement Compliance
• Ill Health Placement
• Interdict
• Disciplinary Action Restraint