South Africa Case Law

Innovative Staffing Solutions (Pty) Ltd v Minister of Employment and Labour and Others (JR1518/23)

Innovative Staffing Solutions (Pty) Ltd v Minister of Employment and Labour and Others (JR1518/23) [2024] ZALCJHB 50 (12 February 2024)

Court

Labour Court Johannesburg

Case number

JR1518/23

Judge

Schäfer-King

The Labour Court granted consolidation of three related review applications about extension of a collective agreement, finding no lis pendens and no unfair prejudice.

• Consolidation Of Applications
• Collective Agreement Extension
• Certificate Of Representativity
• Mootness
• Costs In Labour Matters
• Labour-law

Sibanye Gold Limited t/a Sibanye Stillwater v Association of Mineworkers and Construction Union and Others (J68/2019)

Sibanye Gold Limited t/a Sibanye Stillwater v Association of Mineworkers and Construction Union and Others (J68/2019) [2019] ZALCJHB 188 (8 February 2019)

Court

Labour Court Johannesburg

Case number

J68/2019

Judge

Prinsloo

The court held that the special plea of res judicata was well-founded. The previous application under case number J4552/18, brought by the applicant to declare the strike unprotected, was dismissed on the merits due to insufficient evidence. The applicant did not file a replying affidavit or seek to supplement its papers at that time. The present application sought the same relief on the same cause of action, relying on similar evidence and arguments. The court found that the previous judgment was final and definitive, and the applicant was not entitled to a second opportunity to present impr…

Source excerpt

• Res Judicata
• Protected Strike
• Collective Agreement Extension
• Urgent Interdict
• Union Membership Verification

ABC (Pty) Ltd v Commissioner For The South African Revenue Service (14426)

ABC (Pty) Ltd v Commissioner For The South African Revenue Service (14426) [2018] ZATC 6; 81 SATC 255 (13 December 2018)

Court

Tax Court

Case number

14426

Judge

K M Savage

The court held that the collective agreement entered into between the appellant and the union, although not binding on non-union employees under the Labour Relations Act, was voluntarily extended by the appellant to all non-management employees for reasons of commercial necessity and workplace harmony. There was no legal bar to this extension, and the retrospective payment of wage increases from 1 May backdated to 1 February was consistent with the statutory definition of 'monthly remuneration' as amounts paid or payable. The ETI Act expressly contemplates pro-rating remuneration for employee…

Source excerpt

• Employment Tax Incentive
• Sectoral Determination
• Collective Agreement Extension
• Minimum Wage Compliance
• Penalties And Interest
• Remuneration Calculation

Transnet SOC Ltd v National Transport Movement and Others (J727/18)

Transnet SOC Ltd v National Transport Movement and Others (J727/18) [2018] ZALCJHB 131 (28 March 2018)

Court

Labour Court Johannesburg

Case number

J727/18

Judge

Mahosi

The Labour Court interdicted an intended strike by NTM, finding the dispute was already regulated by a collective agreement and arbitration award under section 65 of the LRA.

• Protected Strike
• Collective Agreement Extension
• Section 65 Lra
• Fixed Term Contracts
• Arbitration Award
• Interdict

Plastics Convertors Association of South Africa (PCASA) and Others v Metal and Engineering Industries Bargaining Council (MEIBC) and Others (JR2282/2016)

Plastics Convertors Association of South Africa (PCASA) and Others v Metal and Engineering Industries Bargaining Council (MEIBC) and Others (JR2282/2016) [2017] ZALCJHB 55 (21 February 2017)

Court

Labour Court Johannesburg

Case number

JR2282/2016

Judge

Prinsloo

The Labour Court dismissed NUMSA’s recusal bid, finding no reasonable apprehension of bias after an expedited hearing order in a pending review.

• Recusal Of Judge
• Reasonable Apprehension Of Bias
• Expedited Review
• Collective Agreement Extension
• Urgent Interdict
• Recusal

Motor Industry Staff Association v Macun N.O. and Others (12758/2014)

Motor Industry Staff Association v Macun N.O. and Others (12758/2014) [2014] ZAGPPHC 888 (6 November 2014)

Court

North Gauteng High Court, Pretoria

Case number

12758/2014

Judge

A.M.L. Phatudi

The High Court determined that the extension of collective agreements under the Labour Relations Act falls squarely within the exclusive jurisdiction of the Labour Court. The applicant did not raise any constitutional issue, and the relief sought pertains directly to the operation and extension of collective agreements, which are matters expressly provided for in the LRA. The court followed the binding precedent set by the Constitutional Court in Chirwa v Transnet and Gcaba v Minister of Safety and Security, which established that the Labour Court is the appropriate forum for such disputes. C…

Source excerpt

• Jurisdiction Of High Court
• Exclusive Jurisdiction Of Labour Court
• Collective Agreement Extension
• Principle Of Legality

Servworx (Pty) Ltd v Registrar Of Labour Relations and Another (D230/13)

Servworx (Pty) Ltd v Registrar Of Labour Relations and Another (D230/13) [2014] ZALCD 19; (2014) 35 ILJ 3476 (LC) (16 April 2014)

Court

Labour Court Durban

Case number

D230/13

Judge

Cele

The Labour Court dismissed Servworx’s appeal against the Registrar’s decision to vary a bargaining council’s scope and jurisdiction in the laundry industry.

• Bargaining Council Scope Variation
• Representativity
• Collective Agreement Extension
• Labour Relations Act Interpretation
• Bargaining-council-scope-variation
• Collective-agreement-extension