South Africa Case Law

Emslie Motors (Pty) Ltd t/a Tamboti Toyota v Dispute Resolution Centre of Motor Industry Bargaining Council (Drc) and Others (JR1066/23)

Emslie Motors (Pty) Ltd t/a Tamboti Toyota v Dispute Resolution Centre of Motor Industry Bargaining Council (Drc) and Others (JR1066/23) [2025] ZALCJHB 311 (8 May 2025)

Court

Labour Court Johannesburg

Case number

JR1066/23

Judge

H Schensema

The Labour Court upheld the commissioner’s power to determine a collective-agreement wage dispute, rejected the employer’s review grounds, and ordered a recalculation of apprentice wages.

• Collective Agreement Enforcement
• Interpretation Of Wage Schedule
• Review Of Arbitration Award
• Minimum Wage Computation
• Collective-agreement-enforcement
• Apprentice-wages

UASA obo Jonker and Others v Ekurhuleni Metropolitan Municipality (J1882/2017)

UASA obo Jonker and Others v Ekurhuleni Metropolitan Municipality (J1882/2017) [2025] ZALCJHB 22 (17 January 2025)

Court

Labour Court Johannesburg

Case number

J1882/2017

Judge

RN Daniels

The Labour Court held it lacked jurisdiction over a transport allowance claim founded on collective agreements, and struck the application from the roll.

• Collective Agreement Enforcement
• Jurisdiction Of Labour Court
• Contractual Damages
• Interpretation Of Collective Agreements
• Labour-court-jurisdiction
• Collective-agreements

Kgasane v MEC Department of Health Free State and Another (C507/2022)

Kgasane v MEC Department of Health Free State and Another (C507/2022) [2024] ZALCCT 57; (2025) 46 ILJ 359 (LC) (19 November 2024)

Court

Labour Court Cape Town

Case number

C507/2022

Judge

RN Daniels

The Labour Court held it had jurisdiction over a claim for accrued leave pay under section 73A of the BCEA and dismissed the defendants’ jurisdictional challenge.

• Jurisdiction Of Labour Court
• Collective Agreement Enforcement
• Section 73a Bcea
• Section 157 5 Lra
• Remuneration Claims
• Labour-court-jurisdiction

Newrest Inflight South Africa v National Transport Movement obo Members (J 266/24)

Newrest Inflight South Africa v National Transport Movement obo Members (J 266/24) [2024] ZALCJHB 150 (18 March 2024)

Court

Labour Court Johannesburg

Case number

J 266/24

Judge

Tlhotlhalemaje

The Court found that both the applicant and NTM are parties to the Bargaining Council for the Restaurant, Catering and Allied Trades, and that the collective agreement regulating salaries, wages, and matters of mutual interest is binding on NTM and its members by virtue of Ministerial extension under section 32 of the Labour Relations Act. The issues in dispute, namely salary adjustments and wage negotiations, are regulated by the collective agreement, and any strike action over these matters is prohibited under section 65 of the LRA. The certificate of outcome issued by the BCRCAT Commission…

Source excerpt

• Collective Agreement Enforcement
• Protected Strike
• Urgent Interdict
• Ministerial Extension
• Bargaining Council Jurisdiction

City of Tshwane Metropolitan Municipality and Another v South African Municipal Workers Union and Others (J 1074 / 23)

City of Tshwane Metropolitan Municipality and Another v South African Municipal Workers Union and Others (J 1074 / 23) [2023] ZALCJHB 257; (2023) 44 ILJ 2703 (LC); [2023] 12 BLLR 1247 (LC) (18 September 2023)

Court

Labour Court Johannesburg

Case number

J 1074 / 23

Judge

S Snyman

The Labour Court confirmed a rule nisi declaring an unprotected strike and interdicting violent and intimidating conduct by SAMWU members, with costs.

• Unprotected Strike
• Interdict
• Collective Agreement Enforcement
• Violence And Intimidation
• Costs Award
• Labour Relations Act

Coetzee and Others v MEC for the Department of Health, Western Cape Provincial Government and Others (C 276/2021)

Coetzee and Others v MEC for the Department of Health, Western Cape Provincial Government and Others (C 276/2021) [2023] ZALCCT 48; (2024) 45 ILJ 104 (LC) (8 August 2023)

Court

Labour Court Cape Town

Case number

C 276/2021

Judge

Lagrange

The Labour Court held that interest on unpaid allowances under a collective agreement was not capped by the in duplum rule and was payable as simple interest.

• Collective Agreement Enforcement
• Interest On Awards
• In Duplum Rule
• Mora Interest
• Compound Interest
• Arbitration Award Compliance

Innovative Staffing Solutions (PTY) Ltd v Minister of Employment and Labour and Others (J668/22)

Innovative Staffing Solutions (PTY) Ltd v Minister of Employment and Labour and Others (J668/22) [2022] ZALCJHB 204 (3 August 2022)

Court

Labour Court Johannesburg

Case number

J668/22

Judge

Nkutha-Nkontwana

The Labour Court dismissed an urgent bid for interim interdictory relief against enforcement of a collective agreement, finding no irreparable harm or balance of convenience.

• Interim Interdict
• Collective Agreement Enforcement
• Temporary Employment Service
• Locus Standi
• Urgency
• Contempt Of Court

United National Transport Union v Transnet SOC Limited and Another (J997/2021)

United National Transport Union v Transnet SOC Limited and Another (J997/2021) [2022] ZALCJHB 157 (3 June 2022)

Court

Labour Court Johannesburg

Case number

J997/2021

Judge

Van Niekerk

The court held that the applicant union has locus standi to institute proceedings to enforce contractual rights of its members, as provided by section 200 of the LRA and confirmed by case law. The union need not join individual members or obtain specific mandates. The statement of claim, though lacking detailed factual exposition, sufficiently sets out a cause of action for breach of contract based on an agreed increase in remuneration. The respondent's exceptions and special pleas regarding locus standi, non-joinder, prescription, compromise, and lack of averments are premature or unfounded…

Source excerpt

• Locus Standi Of Trade Unions
• Collective Agreement Enforcement
• Exception Procedure
• Prescription
• Non Joinder

Innovative Staffing Solutions (Pty) Ltd v National Bargaining Council for the Road Freight and Logistics Industry (J 1380/21)

Innovative Staffing Solutions (Pty) Ltd v National Bargaining Council for the Road Freight and Logistics Industry (J 1380/21) [2022] ZALCJHB 86 (5 April 2022)

Court

Labour Court Johannesburg

Case number

J 1380/21

Judge

D Mahosi

The Labour Court dismissed an application for leave to appeal, finding no reasonable prospects that another court would reach a different result.

• Leave To Appeal
• Collective Agreement Enforcement
• Urgent Application
• Demarcation Award
• Interdict
• Costs Order

Arcelormittal South Africa Limited v National Union of Metalworkers of South Africa obo Members and Others (J1343/21)

Arcelormittal South Africa Limited v National Union of Metalworkers of South Africa obo Members and Others (J1343/21) [2021] ZALCJHB 433 (8 November 2021)

Court

Labour Court Johannesburg

Case number

J1343/21

Judge

Nkutha-Nkontwana

The court found that NUMSA and the affected employees failed to comply with the dispute resolution procedure set out in the Recognition Agreement, which is binding and enforceable as a collective agreement under the LRA. The majority judgment in BMW South Africa (Pty) Ltd v NUMSA obo Members was applied, confirming that parties are obliged to follow the procedures in their collective agreements before resorting to industrial action. The court rejected the argument that substantial compliance or compliance with section 64 of the LRA alone suffices, holding that strict adherence to the agreed p…

Source excerpt

• Collective Agreement Enforcement
• Unprotected Strike
• Dispute Resolution Procedure
• Refusal To Bargain
• Urgent Interdict
• Condonation Of Noncompliance