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South Africa decisions
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Harmony Gold Company v National Union Of Metalworkers of South Africa and Others (JR2084/19) [2023] ZALCJHB 357 (5 December 2023)
The Labour Court set aside a CCMA award after finding the commissioner wrongly treated an employee relations policy as a collective agreement.
IMATU v City of Tshwane Metropolitan Municipality (J2561/01) [2001] ZALC 128; [2001] 12 BLLR 1332 (LC) (17 August 2001)
The Labour Court dismissed IMATU’s bid to stop Tshwane from making permanent appointments before a negotiated placement policy was finalised.
Coin Security Group (Pty) Ltd v Minister of Labour and Others (18/2000) [2001] ZASCA 78; 2001 (4) SA 285 (SCA); (2001) 22 ILJ 2399 (SCA); [2001] 11 BLLR 1193 (SCA) (1 June 2001)
The Supreme Court of Appeal held that demarcation disputes over a surviving industrial council agreement had to be decided by the Industrial Court, not the High Court.
NAPTOSA and Others v Minister of Education, Western Government and Others (4842/99) [2000] ZAWCHC 9; 2001 (4) BCLR 388 (C); 2001 (2) SA 112 (C); (2001) 22 ILJ 889 (C) (20 October 2000)
The court held that clause 3 of the fixed term employment contract, which excluded temporary educators from statutory benefits, conflicted with the Regulations and Personnel Administration Measures and was therefore void. However, the applicants failed to establish their entitlement to specific benefits for 1998 and 1999, as the relief sought was abstract and did not resolve their rights with sufficient precision. The court found that declaratory relief was inappropriate due to the delay in bringing the application, the availability of alternative remedies, and the prejudice to the Department…
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Bargaining Council for the Clothing Industrial (Natal) v Confederation of Employers of Southern Africa (D136/98) [1998] ZALC 35 (15 June 1998)
The court held that the industrial council agreement in question, promulgated under the Labour Relations Act of 1956, is not deemed to be a collective agreement under the Labour Relations Act of 1995, as item 13 of Schedule 7 expressly excludes such agreements. The Labour Appeal Court decision relied upon by the respondents was decided per incuriam, as it did not consider the relevant transitional provisions. The Labour Court's jurisdiction is strictly statutory, and neither item 12 nor any other item of Schedule 7 confers jurisdiction on the Labour Court to adjudicate disputes concerning ind…
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